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Orissa High CourtABLAPL/1978/2022disposed off

Ram Chandra Swain @ Ramachandra Swain v. State Of Odisha

2022-08-11Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1978 of 2022 Ram Chandra Swain @ Ramachandra Swain ....

Petitioner Mr. J. Pr. Parida, Advocate -versusState of Odisha ....

Opp. Party Mr. S. Patra, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

11.08.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Jodapadar P.S. Case No. 50 of 2022 corresponding to G.R. G.N. Case No.103 of 2022 pending in the Court of learned Nayadhikari, Grama Nayalaya, Brahmagiri, Puri for the commission of the alleged offences punishable under sections 341/294/323/379/325/506/307/34 of the Indian Penal Code.

4.

Perused the first information report annexed to the anticipatory bail application.

5.

Considering the submission made by the learned counsel for the petitioner that and one of the co-accused has been granted anticipatory bail by this Court in ABLAPL No.1977 of 2022 and the

// 2 // petitioner is similarly situated like that of the co-accused and on hearing the learned counsel for the State, who submitted that the petitioner is having no criminal antecedent and the injured has sustained simple injuries, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

6.

It is further directed that the bail granted to the petitioner is subject to the condition that learned court below shall verify whether injuries sustained by the injured are grievous in nature. In the event it is found that the injury is grievous in nature, this bail order shall automatically stand revoked.

7.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( A.K. Mohapatra) Judge Jagabandhu