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Orissa High CourtABLAPL/2325/2022disposed off

Dibya Ranjan Choudhury @ Chagu v. State Of Odisha

2022-03-30Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2325 of 2022

1. Dibya Ranjan Choudhury @ Chagu

2. Pramod Kumar Jena

3. Chitaranjan Jena @ Pintu

4. Kirtiranjan Jena @ Lipu

5. Pradeep Nayak @ Fakuna ....

Petitioners Mr. D.K. Sahoo, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra Addl. Standing Counsel Mr. U.K. Lenka, Advocate (for informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Mr.

U.K.

Lenka, learned counsel files Vakalatnama on behalf of the informant, which is taken on record.

Heard the learned counsel for the petitioners and learned counsel for the State so also learned counsel for the informant.

This is an application under section 438 of

// 2 // Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Marsaghai P.S. Case No. 56 of 2022 corresponding to G.R. Case No.356 of 2022 pending in the Court of learned S.D.J.M., Kendrapara for the commission of the alleged offences punishable under sections 294, 341, 323, 324, 307, 34 of the Indian Penal Code.

Learned counsel for the State on instruction submitted that there are three injured persons in this case, namely, Soumendra Mallik, Prasant Mallik and Amar Naik and all of them have sustained simple injuries.

Learned counsel for the informant, on the other hand submitted that after commission of this crime on 23.02.2022, the petitioners are also involved in another case i.e., Marsaghai P.S. Case No.88 of 2022 which is also under section 307 of the Indian Penal Code and other offences i.e., on 21.03.2022. Copy of the F.I.R. is filed and taken on record.

Considering the submissions made by the learned counsel for the respective parties and in view of the conduct of the petitioners in indulging themselves in a case under section 307 of the Indian Penal Code, while not inclining to grant anticipatory bail to the petitioners, liberty is granted to the petitioners to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall

// 3 // 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.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

P ( S.K. Sahoo) Judge