Satyabhusan Mallick @ Mallik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2136 of 2022 1.
Satyabhusan Mallick @ Mallik 2.
Satyajit Pati 3.
Biswajit Mallick @ Mallik 4.
Pratap Kumar Behuria 5.
Subrat Rout @ Sonu Rout 6.
Biswajit Behuria @ Bapuni Behuria 7.
Sujit Kumar Pati 8.
Bhaba @ Bhabagrahi Pati 9.
Apule @ Abhijit Jena
10. Ajay Kumar Behuria
11. Jiban @ Jiban Prakash Mallick
12. Bikash Kumar Behuria @ Jayanta Behuria ....
Petitioners Mr. U.R. Jena, Advocate -versusState of Odisha ....
Opp. Party Mr. J.P. Patra, 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
// 2 // connection with Binjharpur P.S. Case No. 106 of 2022 corresponding to C.T. Case No. 399 of 2022 pending in the Court of learned S.D.J.M., Jajpur for commission of alleged offence under section 147, 148, 323, 324, 325, 307, 294, 506/149 of the Indian Penal Code.
Learned counsel for the State submitted that one Bikram Keshari Panda is the injured in this case and he has sustained one grievous injury and two simple injuries and as per his statement, the main allegation is against petitioner no.1 Satyabhusan Mallick and petitioner no.2 Satyajit Pati.
In view of the nature of accusation against petitioner no.1 Satyabhusan Mallick and petitioner no.2 Satyajit Pati and the materials available on record, while not inclining to grant them anticipatory bail, it is observed that in the event petitioner nos.1 and 2 surrender in the learned Court below and move for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. The case records shall be made available to the Courts concerned for disposal of the bail application. So far as petitioner no.3 Biswajit Mallick @ Mallik, petitioner no.4 Pratap Kumar Behuria, petitioner no.5 Subrat Rout @ Sonu Rout, petitioner no.6 Biswajit Behuria @ Bapuni Behuria , petitioner no.7 Sujit Kumar Pati, petitioner no.8 Bhaba @
// 3 // Bhabagrahi Pati, petitioner no.9 Apule @ Abhijit Jena, petitioner no.10 Ajay Kumar Behuria, petitioner no.11 Jiban @ Jiban Prakash Mallick and petitioner no.12 Bikash Kumar Behuria @ Jayanta Behuria are concerned, considering the nature of accusation and absence of criminal antecedents against them, I am inclined to release petitioners nos.3 to 12 on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner nos. 3 to 12 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 to dissuade him from disclosing any facts to the Courts 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
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