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Orissa High CourtABLAPL/2284/2022allowed

Prashanta Bariha v. State Of Odisha

2022-03-22Mr. Justice S.K.Sahoo4 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2284 of 2022

1. Prashanta Bariha

2. Surendra Sahu @ Chairman Sahu

3. Amina Sahu

4. Lambodar Sahu

5. Manash Bhoi @ Anil Bhoi

6. Sunil Bhoi @ Sunil Kumar Bhoi

7. Ghanashyam Bhoi @ Ghana Bhoi

8. Dillip Bariha @ Mahaling

9. Sanatan Singh Bariha

10. Mana @ Mana Singh Bariha

11. Biswamitra Suna

12. Kartika Dandasena

13. Dhaneswar Bariha @ Mahaling

14. Dipak Singh Bariha

15. Fulbabu Dandasena

16. Dutibahan @ Dutiyabahan Bariha @ Kanti

17. Sitaram Sahu

18. Krushna Chandra Sahu @ Kirati Sahu

19. Hrushikesh Sahu @ Birata

20. Ribul Singh Bariha @ Rajan Singh Bariha

21. Mithun Singh Bariha

22. Indramani Dandasena

23. Sudam Thakur

24. Jagabandhu Dandasena

25. Nilakantha Bariha ....

Petitioners

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26. Pahilman Singh Bariha Mr.S. Panda, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.03.2022 01.

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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Gaisilat P.S. Case No.41 of 2022 corresponding to G.R. Case No.178 of 2022 pending in the Court of learned S.D.J.M. Padampur for alleged commission of offences under sections 143, 147, 186, 188, 294, 427, 171-F, 171C (a)(3), 506/149 of the Indian Penal Code. Perused the F.I.R. annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that there was

// 3 // political dispute between the parties on account of last Gram Panchayat election for Sarpanch candidates and the fact that the offences are triable by Magistrate and after hearing the learned counsel for the State, 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. 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.

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

( S.K. Sahoo) Judge

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