Mina Pradhan @ Manoj Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2708 of 2022

1. Mina Pradhan @ Manoj Pradhan

2. Pradip Pradhan ....

Petitioners Mr.P.Mohapatra, Advocate -versusState of Odisha ....

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

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 Jagatsinghpur Lock P.S. Case No.32 of 2022 corresponding to G.R. Case No.112 of 2022 pending before the learned J.M.F.C. (P), Kujang for commission of alleged offences under sections 341, 323, 336, 337, 294, 307, 506, 34 of the Indian Penal Code.

Learned counsel for the State on instruction

// 2 // submitted that petitioner no.1 Mina Pradhan @ Manoj Pradhan has got three criminal antecedents.

In view of available materials on record particularly the criminal antecedents against the petitioner no.1, while not inclining to grant anticipatory bail to him, it is observed that in the event the petitioner no.1 surrenders in the learned Court below and moves for bail, the learned Courts below shall dispose of the same in accordance with law expeditiously. and if any co-accused has been released on bail in the meantime, the claim of parity shall be taken into account. The case records be made available before the Court concerned for adjudication of the bail application.

So far as petitioner no.2 Pradip Pradhan is concerned, in absence of any specific overt act against him and absence of any criminal antecedent and the nature of injuries sustained by the injured, I am inclined to release him on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.2 in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when

// 3 // required and he 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.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge P