Tutu Rout v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2984 of 2022 1.

Tutu Rout 2.

Bhikari Rout 3.

Srimanta Rout 4.

Kalia Rout 5.

Rahul Rout 6.

Sahil Rout @ Abinash Rout 7.

Ani Jena @ Anil Kumar Jena 8.

Susila Jena @Sushil Kumar Jena 9.

Bapi Rout @ Tridev Rout

10. Biswajit Rout @ Tulu Rout

11. Laxmidhar Jena

12. Kela Jena @ Soubhagya Jena

13. Kapu Rout @ Jagannath Rout

14. Lapu Rout @ Balaram Rout

15. Akash Rout

16. Sanjib Rout @ Sanjib Kumar Rout ....

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

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel Mr. U.C. Dora, Advocate (for the informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

20.04.2022 01.

This matter is taken up through Hybrid arrangement

// 2 // (video conferencing/physical mode).

Heard the learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant.

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.138 of 2022 corresponding to G.R. Case No. 132 of 2022 pending in the Court of learned J.M.F.C., Parjanga for commission of alleged offences under sections 143, 147, 341, 294, 323, 329, 324, 307, 506/149 of the Indian Penal Code.

Learned counsel for the petitioners has produced the injury reports of three inured persons, namely, Santosh Kumar Rout, Ambika Rout and Puspanjali Rout and it indicates that the injured Santosh Rout has sustained five simple injuries, the injured Puspanjali Rout has not sustained any external injury whereas the injured Ambika Rout has sustained simple abrasions. The injury reports filed by the learned counsel for the State are taken on record.

Considering the submissions made by the learned counsel for the petitioners that due to previous dispute between the parties, the case has been foisted and it is a case and counter case and there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and taking into account the nature of injuries sustained by the injured persons and on hearing the learned counsel for the State, 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

// 3 // 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo