Kamal Kumar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2987 of 2022

1. Kamal Kumar Sahoo

2. Sankarsan Sahoo

3. Ajit Kumar Sahoo

4. Malaya Ranjan Sahoo

5. Manjulata Sahoo

6. Nirmal Chandra Sahoo

7. Debraj Sahoo ....

Petitioners Mr. M. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.04.2022 02.

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

Heard learned counsel for the petitioners and learned counsel for the State.

Mr. D.K. Sahoo, learned counsel for the petitioners does not want to press this anticipatory bail application for petitioner no.1 Kamal Kumar Sahoo, petitioner no.2 Sankarsan Sahoo, petitioner no.3 Ajit Kumar Sahoo, petitioner no.4 Malaya Ranjan Sahoo and petitioner no.5 Manjulata Sahoo.

In view of such submission, this anticipatory bail

// 2 // application so far as petitioners nos.1, 2, 3, 4 and 5 are concerned stands disposed of as infructuous.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners nos.6 and 7 in connection with Rajnagar P.S. Case No. 51 of 2022 corresponding to G.R. Case No.61 of 2022 pending in the Court of learned NGN -cum- J.M.F.C., Rajnagar, Kendrapara for the commission of the alleged offences punishable under sections 341, 294, 323, 307, 427, 354-B, 34 of the Indian Penal Code.

Learned counsel for the State submits that there are three injured persons in this case, namely, Brundaban Rout, Minati Rout and Archana Rout and all of them have sustained simple injuries. The injury reports filed by the learned counsel for the State are taken on record.

Considering the submission made by the learned counsel for the petitioners that the ingredients of the offence under section 307 of the Indian Penal Code are not attracted and taking into account the nature of accusation against the petitioners nos.6 and 7, I am inclined to release the them on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner no.6 Nirmal Chandra Sahoo and petitioner no.7 Debraj Sahoo 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

// 3 // 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 P