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Orissa High CourtABLAPL/2715/2022allowed

Babuli Malik v. State Of Odisha

2022-04-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2715 of 2022

1. Babuli Malik

2. Krupasindhu Malik

3. Rabi Malik @ Juluka Malik

4. Dhaneswar Jena

5. Ashis Kumar Jena

6. Prashanta Sahu

7. Sarojini Samal

8. Bibhuti Bhusan Das

9. Sunil Kumar Jena

10. Pravanjan Jena

11. Rabindra Mallick

12. Binay Kumar Jena

13. Padmalav Sahoo

14. Bikram Jena

15. Padma Lochan Samal

16. Rabindra Das

17. Atal Jena

18. Nihar Ranjan Samal

19. Nirmal Kumar Samal

20. Basanta Das

21. Santanu Mallik

22. Parameshwar Jena

23. Anshuman Sahoo

24. Niranjan Gantayat

25. Sulok Kumar Mallick ....

Petitioners Mr.P.S. Nayak, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

// 2 // 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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Jajpur Sadar P.S. Case No.54 of 2022 corresponding to C.T. Case No.343 of 2022 pending in the Court of learned S.D.J.M., Jajpur for offences punishable under sections 342, 147, 148, 294, 323, 307, 506, 427, 353, 149 of the Indian Penal Code.

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

Considering the submissions made by the learned counsel for the petitioners that during last Gram Panchayat election, the occurrence has taken place and and there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and after hearing the learned counsel for the State who submitted that two persons were sent for medical examination on police requisition namely, Deepak Parida and Umakanta Khatua and both of them have sustained simple injuries, I am inclined to release the petitioners on

// 3 // 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 P