Nidhiram Barik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2536 of 2022
1. Nidhiram Barik
2. Bidhiram Barik
3. Subal Barik
4. Pariskhita Barik
5. Laxmidhara Barik
6. Muna Barik
7. Maheswar Barik
8. Narayan Das
9. Chakradhara Das
10. Bhagirathi Das ....
Petitioners Mr. J. Mohapatra, Advocate -versusState of Odisha ....
Opp. Party Mr. J.P. Patra, Addl. Standing Counsel Mr. A.K. Sahoo, Advocate for the informant
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
29.03.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard learned counsel for the petitioners, learned counsel for the informant 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 G.R. Case No.173 of 2022 arising out
// 2 // of Bansada P.S. Case No.76 of 2022 pending in the Court of learned J.M.F.C., Chandbali for alleged commission of offences under sections 452/323/324/ 427/307/380/354/34 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
Learned counsel for the State submitted that there are five injured persons in the case, namely, Narendra Nayak, Chakradhar Nayak, Chanchala Nayak, Puspanjali Nayak and Dasarath Nayak and all of them have sustained simple injuries.
Considering the submission made by the learned counsel for the petitioners that the ingredients of the offence under section 307 of the Indian Penal Code are not attracted and taking into account the nature of accusation against the petitioners, 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
// 3 // 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 RKM