Rajendra Jagadala @ Raju v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3170 of 2022
1. Rajendra Jagadala @ Raju
2. Sankhanada Bhoi
3. Jambhu Jagadala
4. Sourabh Sekhar Jagadala @ Sidhanta
5. Babula Jagadala
6. Ranjan Kumar Jagadala
7. Rakesh Meher
8. Sanjib Sahu
9. Sabyasachi Sahu
10. Nrupa @ Nrupati Rajahansa
11. Laba Pradhan @ Padmanabha Pradhan
12. Bhagyarathi Mallik @ Babula
13. Chinguru Naik
14. Laxman Khamari
15. Netra Khamari
16. Jambhaba Naik @ Kairu
17. Anil Bagha
18. Sanjaya Singh @ Ramia
19. Ranjit Khamari
20. Rabi Chandra Khamari ....
Petitioners Mr. J.K. Panda, Advocate -versusState of Odisha ....
Opp. Party Mr. D.K. Pani, Addl. Standing Counsel
// 2 //
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
12.05.2022 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.
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.60 of 2022 arising out of Manamunda P.S. Case No.36 of 2022 pending in the Court of learned J.M.F.C., Kantamal for alleged commission of offences under sections 143/147/148/ 323/506 of the Indian Penal Code and sections 25/27 of the Arms Act.
Perused the F.I.R.
Learned counsel for the State on instruction submitted that there are two injured persons in this case, namely, Bibekananda Meher and Mehendra Meher and they have sustained simple injuries and he further submitted that petitioner no.1 Rajendra Jagadala @ Raju, petitioner no.6 Ranjan Kumar Jagadala, petitioner no.11 Laba Pradhan @ Padmanabha Pradhan and petitioner no.12 Bhagyarathi Mallik @ Babula have got two criminal antecedents and petitioner no.3 Jambhu Jagadala,
// 3 // petitioner no.7 Rakesh Meher, petitioner no.14 Laxman Khamari and petitioner no.18 Sanjaya Singh @ Ramia have got one criminal antecedent.
Considering the nature of accusation against the petitioners nos.1, 3, 6, 7, 11, 12, 14 and 18 and the criminal antecedents, while not inclining to grant anticipatory bail to them, it is observed that in the event the petitioner no.1 Rajendra Jagadala @ Raju, petitioner no.3 Jambhu Jagadala, petitioner no.6 Ranjan Kumar Jagadala, petitioner no.7 Rakesh Meher, petitioner no.11 Laba Pradhan @ Padmanabha Pradhan, petitioner no.12 Bhagyarathi Mallik @ Babula, petitioner no.14 Laxman Khamari and petitioner no.18 Sanjaya Singh @ Ramia 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 and claim of parity with the coaccused persons, who are stated to have been released on bail, shall be taken into account at the time of adjudication of the bail application. The case records shall be made available to the Court concerned.
So far as petitioner no.2 Sankhanada Bhoi, petitioner no.4 Sourabh Sekhar Jagadala @ Sidhanta, petitioner no.5 Babula Jagadala, petitioner no.8 Sanjib Sahu, petitioner no.9 Sabyasachi Sahu, petitioner
// 4 // no.10 Nrupa @ Nrupati Rajahansa, petitioner no.13 Chinguru Naik, petitioner no.15 Netra Khamari, petitioner no.16 Jambhaba Naik @ Kairu, petitioner no.17 Anil Bagha, petitioner no.19 Ranjit Khamari and petitioner no.20 Rabi Chandra Khamari are concerned, in view of the nature of accusation against them, the nature of injury sustained by the injured persons and absence of any criminal antecedents, I am inclined to release them on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioner no.2 Sankhanada Bhoi, petitioner no.4 Sourabh Sekhar Jagadala @ Sidhanta, petitioner no.5 Babula Jagadala, petitioner no.8 Sanjib Sahu, petitioner no.9 Sabyasachi Sahu, petitioner no.10 Nrupa @ Nrupati Rajahansa, petitioner no.13 Chinguru Naik, petitioner no.15 Netra Khamari, petitioner no.
16 Jambhaba Naik @ Kairu, petitioner no.17 Anil Bagha, petitioner no.19 Ranjit Khamari and petitioner no.20 Rabi Chandra Khamari 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.
// 5 // 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