Pradipta Malik @ Pradeep Mallik v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3215 of 2022
1. Pradipta Malik @ Pradeep Mallik
2. Niranjan Malik @ Niranjan Mallik
3. Bipra Mallik @ Bipra Chandra Malik
4. Chaka Mallik @ Lipak Malik
5. Hrushikesh Malik @ Hrusikesh
6. Santosh Mallik @ Santosh Malik ....
Petitioners Mr.S. Das, Advocate -versusState of Odisha ....
Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel
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 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 Balichandrapur P.S. Case No.128 of
// 2 // 2022 corresponding to C.T. Case No. 441 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for commission of alleged offences under sections 147, 341, 294, 323, 307, 324, 325, 148, 149 of the Indian Penal Code.
Learned counsel for the State on instruction submitted that four persons, namely, Musinath Samal, Surendra Baral, Gyanaranjan Rout and Prahalad Barik were sent for medical examination on police requisition and it was found that the injured Musinath Samal, Surendra Baral, Gyanaranjan Rout have sustained simple injuries whereas the injured Prahalad Beura has sustained no external injury.
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 against the petitioners and the nature of accusation against the petitioners, 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 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
// 3 // 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 p