Chittaranjan Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3068 of 2022

1. Chittaranjan Swain

2. Dillip Kumar Nayak

3. Sadhu Charan Dhal

4. Narahari Biswal

5. Manaranjan Swain

6. Madan Nayak

7. Sankarshan Nayak

8. Narayan Nayak

9. Pitabash Sahoo

10. Sankarshan Biswal

11. Pradeep Kumar Nayak ....

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

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.05.2022 03.

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 C.T. Case No.279 of 2022 arising out of Simulia P.S. Case No.96 of 2022 pending in the

// 2 // Court of learned J.M.F.C., Soro for alleged commission of offences under sections 147/148/294/323/325/ 307/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that it is a case and counter case and the allegations against the petitioners are omnibus in nature and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State has produced the injury reports of some of the injured persons from which it appears that Santosh Kumar Sahoo has received injuries on the parietal region and similarly other injured persons have also sustained injuries. The injury reports furnished by the learned counsel for the State are taken on record.

Learned counsel for the State on verification of the case diary submitted that there is nothing about any criminal antecedent against any of the petitioners. Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the background of the case, 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

// 3 // 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 such facts to the Court 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 RKM