T. Nirmal Patro v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2898 of 2022

1. T.Nirmal Patro

2. T.Sanjay Patro

3. T.Simanchal Patro

4. T.Trinath Patro

5. D.Ramahari Patro

6. D.Judhistir Patro

7. Kanhu Charan Biswal

8. Surakanta Swain

9. Murali Gouda ....

Petitioners Mr.S.N. Sahu, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

26.04.2022 02.

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 Aska P.S. Case No.111 of 2022 corresponding to G.R. Case No.237 of 2022 pending in the Court of learned J.M.F.C., Aska for commission of alleged offences under sections

// 2 // 458/147/148/323/324/307/149 of the Indian Penal Code.

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

Learned counsel for the State on instruction submitted that there are three injured persons in the case out of which Sunandini Behera and T.Chandan Patro have sustained two simple injuries, but one Balaram Behera has sustained one grievous injury and the accusation of overt act of assault is against the co-accused M.Upendra Patro.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against petitioners and absence of specific overt act against the petitioners, 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 dissuade him from disclosing any facts to the Courts

// 3 // 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