Tuna @ Tapan Kumar Barik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2594 of 2022

1. Tuna @ Tapan Kumar Barik

2. Rajesh Kumar Bal

3. Prabhu Prasad Chand

4. Rajesh Bal @ Rajesh Kumar Bal

5. Harihar Behera

6. Swaraj Kumar Jena @ Suraj

7. Kulamani Khuntia

8. Pramod Kumar Behera

9. Adesh Behera

10. Lambodar Sethy

11. Santosh Sethy

12. Jagabandhu Behera

13. Ajay @ Ajay Kumar Behera

14. Avisek @ Abhisek Barik

15. Jadumani Khuntia @ Jadu

16. Miti Puhan @ Birendranath Puhan

17. Chintamani Sahoo

18. Akuli Nayak

19. Santosh Patra @ Sandha

20. Pradeep Behera

21. Kiran Kumar Bal @ Debun ....

Petitioners Mr. P.C. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

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CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.04.2022 01.

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.247 of 2022 arising out of Tomka P.S. Case No.22 of 2022 pending in the Court of learned J.M.F.C., Jajpur Road for alleged commission of offences under sections 147/148/323/ 294/354/307/379/506/149 of the Indian Penal Code. Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that so far as the allegations of assault against the petitioners are concerned, they are omnibus in nature and 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 on hearing the learned counsel for the State, who submitted that there are two injured persons in this case, namely, Manmohan Parida and Chitaranjan Parida and both of them have sustained simple injuries, I am inclined to

// 3 // 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 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