Satyananda Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2779 of 2022

1. Satyananda Biswal

2. Phanti @ Fantu Biswal

3. Rudra Narayan Sahoo ....

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

Opp. Parties Mr.J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 04.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the 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 Parjanga P.S. Case No.69 of 2022 corresponding to C.T. (Spl.) Case No. 16 of 2022 pending in the Court of learned Addl. Sessions Judge -cum- Special Judge, Kamakhyanagar for alleged commission of offences under sections 294, 324, 307, 506/34 of the Indian Penal Code and sections 3(1)(r), 3(1)(s), 3(1)(v) and 3(1)(a) of S.C. & S.T. (PoA) Act. Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State has produced the injury

// 2 // report of the injured Goutam Pradhan, who is the husband of the informant from which it appears that he has sustained simple injuries. The instruction is taken on record. Learned counsel for the petitioners submitted that specific overt-act has been attributed against the co-accused Bankanidhi Biswal, who has assaulted the injured with a cricket bat, which has not been disputed by the learned counsel for the State.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation and since no specific overt-act has been alleged against any of the petitioners and the injuries sustained by the injured are simple in nature and the fact that the petitioners have been granted interim protection as per order dated 06.04.2022 and there is no material that they have misutilized their liberty, the interim order dated 06.04.2022 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo