Prasan Kumar Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2564 of 2022

1. Prasan Kumar Behera

2. Sadananda Swain

3. Sashi Kanta Rout

4. Goutam Swain

5. Rakesh Kumar Swain

6. Amresh Swain

7. Sangram Das

8. Ashis Bhol ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

30.03.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners submitted that Jagatsinghpur P.S. Case no. 101 of 2022 corresponds to G.R. Case No. 250 of 2022 pending in the file of learned S.D.J.M., Jagatsinghpur, but inadvertently in the cause title of the anticipatory bail application, it has been mentioned as 'G.R.Case No. 249 of 2022'.

// 2 // In view of such submission, in the cause title in place of 'G.R.Case No. 249 of 2022', the same be read as 'G.R. Case No. 250 of 2022'.

Heard the 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 Jagatsinghpur P.S. Case No.101 of 2022 corresponding to G.R. Case No. 250 of 2022 pending in the Court of learned S.D.J.M., Jagatsinghpur for commission of alleged offences under sections 147, 148, 455, 294, 323, 307, 353, 379, 395, 171-C, 120-B/149 of the Indian Penal Code, section 29 of the Orissa Grama Panchayat Act, 1964 and sections 135 and 135A of Representation of People Act, 1951 and 1988.

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

Considering the submission made by the learned counsel for the petitioners that during voting in the last Grama Panchayat election, the alleged occurrence has taken place and the allegations are omnibus in nature 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/-

// 3 // (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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo