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Orissa High CourtABLAPL/2916/2022disposed off

Manabhanjan Das v. State Of Odisha

2022-04-19Mr. Justice S.K.Sahoo4 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2916 of 2022

1. Manabhanjan Das

2. Bhagyarathi Mallik @ Babula

3. Laba Pradhan @ Padmanabha Pradhan

4. Gobinda Jhankar

5. Sanjaya Singh @ Ramia

6. Gajanana Meher @ Nidhi

7. Upendra Meher @ Palau

8. Rajendra Bagh @ Bulu

9. Anil Bagha

10. Jambhu Jagadala

11. Seshadeba Jagadala

12. Sourabh Sekhar Jagadala

13. Babula Jagadala

14. Ranjan Jagadala

15. Lipu Jagadala

16. Hemanta Majhi

17. Sasmita Kumbhar @ Tara

18. Kumari Bagha

19. Manjubala Jagadala

20. Kishore Rajahansa

21. Nrupa @ Nrupati Rajahansa

22. Suresh Kumar Bhoi

23. Krushna Chandra Mahanandia @ Sadhu

24. Duryodhan Rajahansa @ Riku

25. Ramesh Bhoi

26. Nitya Meher

27. Rakesh Meher

28. Sabyasachi Sahu

29. Rabi charana Khamari

// 2 //

30. Ranjit Khamari

31. Niranjana Khamari

32. Kailash Patra

33. Paulasti Patra

34. Sarjan Mendili

35. Khetra Khamari

36. Netra Khamari

37. Laxman Khamari

38. Jambhaba Naik @ Kairu

39. Bhusan Pradhan

40. Samanta Karna

41. Ambhu Jagadala

42. Kambhu Jagadala

43. Dasamu Jagadala

44. Rajendra Jagadala @ Raju

45. Suru Rana

46. Alok Sahu ....

Petitioners Mr.J.K. Panda, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.04.2022 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.

// 3 // for grant of anticipatory bail to the petitioners in connection with Manamunda P.S. Case No.46 of 2022 corresponding to C.T. Case No.70 of 2022 pending before the learned J.M.F.C., Kantamal for commission of alleged offences under sections 188, 269, 270, 143, 341, 294, 506, 149 of the Indian Penal Code read with section 3 of the Epidemic Deceases Act. Learned counsel for the State on instruction submitted that petitioner no.2 Bhagyarathi Mallik @ Babula, petitioner no.3 Laba Pradhan @ Padmanabha Pradhan and petitioner no.8 Rajendra Bagh @ Bulu have got two criminal antecedents each.

In view of the criminal antecedents of petitioners nos.2, 3 and 8, while not inclining to grant anticipatory bail to them, it is observed that in the event the petitioner nos.2, 3 and 8 surrender in the Court below within a period of four weeks from today and move for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.

So far as petitioners nos. 1 and 4 to 7 and 9 to 46 are concerned, in absence of any specific overt act against them and absence of any criminal antecedents, I am inclined to release them on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners nos. 1

// 4 // and 4 to 7 and 9 to 46 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 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