Ajay Kumar Rout v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2034 of 2022
1. Ajay Kumar Rout
2. Ranjan Kumar Nayak
3. Bijay Kumar Rout
4. Gopinath Rout
5. Tapan Nayak
6. Biswanath Nayak
7. Nishikanta Jena
8. Duryodhan Rout
9. Birendra Kumar Nayak ....
Petitioners Mr. B.K. Ragada, Advocate -versusState of Odisha ....
Opp. Party Mr. A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
12.05.2022 02.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners and learned counsel for the State.
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.483 of 2022 arising out of Bhandaripokhari P.S. Case No.70 of 2022 pending in the Court of learned S.D.J.M., Bhadrak for alleged
// 2 // commission of offences under sections 147, 148, 451, 323, 354, 307, 294, 506, 427, 149 of the Indian Penal Code.
Perused the F.I.R.
Learned counsel for the State submitted that though the accusation has been levelled against the petitioners that some of the persons were assaulted during course of occurrence but none of the persons cameforward for their medical examination.
Learned counsel for the State however submitted that petitioner no.3 Bijay Kumar Rout has got three criminal antecedents, petitioner no.2, Ranjan Kumar Nayak and petitioner no.5 Tapan Nayak have got one criminal antecedent each.
Learned counsel for the petitioners, on the other hand, submitted that it is a case and counter case and during last Gram Panchayat election, the occurrence alleged to have taken place and though the case was registered under section 307 of the Indian Penal Code and other offences but during supervision, offence under section 307 of the Indian Penal code has been deleted and therefore, the anticipatory bail application of the petitioners may be favourably considered. Considering the submissions made by the learned counsel for the respective parties, the availability of the criminal antecedents against petitioner no.2 namely, Ranjan Kumar Nayak,
// 3 // petitioner no.3, Bijay Kumar Rout, and petitioner no.5 Tapan Nayak, while not inclining to grant anticipatory bail to them, it is observed that in the event the petitioners nos.2, 3 and 5 surrender in the Courts below within a period of four weeks from today and move for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.
So far as petitioners nos.1, 4 and 6 to 9 are concerned, in absence of any criminal antecedents against them and taking into account the nature of accusation against them, I am inclined to release them on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioners nos.1, 4 and 6 to 9, namely, Ajay Kumar Rout, Gopinath Rout and Biswanath Nayak, Nishikanta Jena, Duryodhan Rout and Birendra Kumar Nayk 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. as and when required and they shall not, directly or indirectly, make any inducement, threat or promise to any person acquainted with the facts of the case so as
// 4 // 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 P