Raghubir Bhoi v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2651 of 2022

1. Raghubir Bhoi

2. Ganesh Nayak

3. Uttar Nayak

4. Kamaraj Bhoi

5. Tejraj Bhoi

6. Lelin Nayak

7. Pruthwiraj Bhoi

8. Mukesh Kumar Sahu

9. Prakash Sahu

10. Bibekananda Padhan

11. Madhusudan Seth

12. Koushal Sahu

13. Sushanta Khamari

14. Lambodar Khamari

15. Dushamanta Luhar ....

Petitioners Mr. J. Sahu, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

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

// 2 // connection with G.R. Case No.43 of 2022 arising out of Sohela P.S. Case No.40 of 2022 pending in the Court of learned J.M.F.C., Sohela for alleged commission of offences under sections 147/148/294/ 323/307/506/149 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 the allegations against the petitioners relating to the assault on the injured 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 the injured Akhaya Bhoi has sustained simple injuries, 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