Moinuddin @ Mir Golam Mohiuddin v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1954 of 2022
1. Moinuddin @ Mir Golam Mohiuddin
2. Budhu @ Sk.
Zamiruddin ....
Petitioners Mr.U.C. Jena, Advocate -versusState of Odisha ....
Opp. Party Mr. S.S. Pradhan, Addl. Government Advocate Mr. A.K. Rout, Advocate for the informant
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
09.03.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Mr. Ajay Kumar Rout, learned counsel and his associates have filed power on behalf of the informant, which is taken on record.
Heard learned counsel for the petitioners, learned counsel for the State and learned counsel for the informant.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.443 of 2022 arising out of Puruna Bazar P.S. Case No.35 of 2022 pending
// 2 // in the Court of learned S.D.J.M., Bhadrak for alleged commission of offences under sections 147/148/452/294/323/307/354/149 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case and there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and on hearing the learned counsel for the State, who submitted that there are four injured persons in the case, namely, Rabindra Kumar Das, Muktikanta Barik, Mohan Sahoo and Ramakanta Barik and all of them have sustained simple injuries and that there are no criminal antecedents against any of the petitioners and after hearing the learned counsel for the informant, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be released on bail on furnishing bail bond of Rs.
10,000/- (rupees ten thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that they shall make themselves available for interrogation by the I.O.
// 3 // indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge RKM