Surendra Nath Satapathy @ Surendra Kumar @ Babuli v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2103 of 2022 Surendra Nath Satapathy @ Surendra Kumar @ Babuli ....
Petitioner Mr. A. Tripathy, Advocate -versusState of Odisha & another ....
Opp. Parties Smt. Susamarani Sahoo, Addl. Standing Counsel Mr. D.K. Das, Advocate (for the informant)
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 petitioner and learned counsel for the State as well as learned counsel for the informant This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Nuagaon P.S. Case No.37 of 2022 corresponding to Special G.R. Case No.20 of 2022 pending in the Court of learned Sessions Judge -cumSpecial Judge, Nayagarh for alleged commission of offences under sections 294/323/325/427/506/34 of
// 2 // the Indian Penal Code and sections 3(1)(r)(s) and 3(2)(va) of S.C. & S.T. (PoA) Act.
Learned counsel for the State on instruction submitted that though four persons were sent for medical examination on police requisition, but the injuries were found to be simple in nature.
Considering the nature of accusations against the petitioner, the nature of injuries sustained by the injured persons and the submission of the learned counsel for the petitioner that the ingredients of the offence under section 3 of the S.C. & S.T. (PoA) Act are not attracted and section 18 is not a bar for entertaining the application under section 438 of Cr.P.C. and on hearing the learned counsel for the State, 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
// 3 // or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.
( S.K. Sahoo) Judge PKSahoo