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Orissa High CourtABLAPL/2444/2022allowed

Arta Kumar Mahunta v. State Of Odisha

2022-04-06Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2444 of 2022

1. Arta Kumar Mahunta

2. Kumbhunath Mallik @ Kambua

3. Laxman @ Laxmidhar Mallik

4. Purusatam Mallik @ Puria

5. Trilochan Mallik @ Dillip Kumar Mallik @ Dillu Petitioners ....

Mr.A.K. Saa, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

06.04.2022 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 C.T. Case No.500 of 2022 arising out of Mangalpur P.S. Case No.129 of 2022 pending in the Court of learned S.D.J.M., Jajpur for alleged commission of offences under sections 448, 323, 325, 307, 294, 427, 506, 34 of the

// 2 // Indian Penal Code and sections 3, 4, 5 of the Explosive Substances Act, 1908.

Perused the F.I.R.

Learned counsel for the State on instruction submitted that the petitioners are having no criminal antecedents.

Considering the submissions made by the learned counsel for the petitioners that there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and the injured Jaga Bal has sustained simple injury and on 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 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 such facts to the Court 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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