Sudam Charan Beura @ Sudam Charan Behura @ Bankim v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.2599 of 2022 1.
Sudam Charan Beura @ Sudam Charan Behura @ Bankim 2.
Abhimanyu Behera 3.
Gobinda Behera 4.
Narottam Muduli 5.
Pramod Muduli 6.
Nabin Behera 7.
Trilochan Behera 8.
Gadadhar Khatua 9.
Sarat Chandra Bhukta 10.
Anand Chandra Bhukta 11.
Chandramani Beura 12.
Hare Krishna Behera 13.
Kulamani Behera 14.
Sridhar Sahoo 15.
Pratap Kumar Sahoo 16.
Nakula Muduli 17.
Bharat Chandra Behera 18.
Prasanta Kumar Sahoo 19.
Pradip Kumar Saho 20.
Dharanidhar Sahoo 21.
Nabaghan Bhujabal 22.
Debaraj Pradhan 23.
Santosh Sahoo 24.
Kandrapa Pradhan @ Kandarpa Pradhan 25.
Lipuna Sahoo 26.
Pradyumna Kumar Mantry 27.
Farid Khan 28.
Amulya Deuri @ Amulya Dehury 29.
Sudhakar Parida 30.
Kanhu Charan Mohanty 31.
Sanjay Kumar Mohanty 32.
Kailash Pradhan
33. Rushabh Behera ....
Petitioners Mr.S.R.Mohapatra, Advocate -versusState of Odisha ....
Opp. Party
// 2 // Mr.J.P. Patra, 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 as well as learned counsel for the informant.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Khuntuni P.S. Case No.24 of 2022 corresponding to C.T. Case No.64 of 2022 pending before the learned S.D.J.M., Athagarh for commission of alleged offences under sections 143, 294, 353, 342, 506, 186, 269/149 of the Indian Penal Code, section 51 of the Disaster Management Act, 2005 and section 7 of Criminal Law (Amendment) Act, 1932. Perused the F.I.R. annexed to the anticipatory bail application.
Learned counsel for the State has produced the instruction received from the Inspector in-charge of Khuntuni police station and submitted that the petitioner no.1 Sudam Charan Beura @ Sudam Charan Behera, petitioner no.4 Narottam Muduli, petitioner no.23 Santosh Sahoo, petitioner no. 27
// 3 // Farid Khan, petitioner no. 29 Sudhakar Parida and petitioner no.30 Kanhu Charan Mohanty are involved in a number of cases. The instruction furnished by the learned counsel for the State is taken on record. He further submitted that in view of the availability of criminal antecedents against the said petitioners, their prayer for anticipatory bail should be rejected. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against petitioners nos. 1, 4, 23, 27, 29 and 30, the prayer for anticipatory bail of the said petitioners stands rejected.
So far as the petitioners nos. 2, 3, 5 to 22, 24, 25, 26, 28, 31, 32 and 33 are concerned, taking into account the nature of accusation against them and absence of criminal antecedents, I am inclined to release them on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos. 2, 3, 5 to 22, 24, 25, 26, 28, 31, 32 and 33 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
// 4 // 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