Laxmidhar Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2356 of 2022

1. Laxmidhar Parida

2. Bhimasen Swain

3. Chandrakanta Parida ....

Petitioners Mr.S.N. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

30.03.2022 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 Nimapara P.S Case No. 62 of 2022 corresponding to G.R.Case No. 179 of 2022 pending in the file of learned J.M.F.C., Nimapara for alleged commission of offences under sections 341, 294, 323, 506 and 34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory

// 2 // bail application.

Considering the submission made by the learned counsel for the petitioners that the offences are triable by Magistrate and the offence under section 506 of the Indian Penal Code is the only non-bailable offence and on hearing the learned counsel for the State who submitted that the informant has sustained two head injuries and both the injuries have been opined to be simple in nature, 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.

20,000/-(rupees twenty 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.

// 3 // Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P