Bhola @ Bholanath Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3292 of 2022

1. Bhola @ Bholanath Behera

2. Kamala @ Kamalakanta Behera

3. Nishi @ Nishikanta Behera

4. Chagala @ Prasanta Behera

5. Deba @ Debendra Behera

6. Tarangabala Behera

7. Baya @ Basanta Kar

8. Siba @ Sibaprasad Sahoo

9. Gajendra Mallick

10. Kuna @ Jitendra Behera ....

Petitioners Mr.P.K. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

18.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners

// 2 // 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 Agarpada P.S. Case No.58 of 2022 corresponding to G.R. Case No. 596 of 2022 pending in the Court of learned S.D.J.M., Bhadrak for commission of alleged offences under sections 341, 294, 354, 323, 452, 427, 380, 325, 506/34 of the Indian Penal Code.

Learned counsel for the State has produced the relevant case diary in which it is mentioned that Ashok Kumar Jena and Tilotama Jena were sent for medical examination and it was found that the injured Ashok Kumar Jena have sustained three injuries whereas the injured Tilotama Jena has complained only chest pain and then Ashok Kumar Jena has been examined privately. So far as Tilotama Jena is concerned, she refused to have not undergone treatment at DHH, Bhadrak.

Perused the injury report of Ashok Kumar Jena. Considering the submission made by the learned counsel for the petitioners, 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

// 3 // 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 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