Chita Ranjan Senapati v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3303 of 2022

1. Chita Ranjan Senapati

2. Balabhadra Jena

3. Laxmdihar Senapati

4. Dilip Pradhan

5. Bhagia @ Bhagaban Mohanty ....

Petitioners Mr.S.K. Dash, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

10.05.2022 01.

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 G.R. Case No.635 of 2022 arising out of Satyabadi P.S. Case No.85 of 2022 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 341/323/294/354/506/34 of the Indian Penal Code.

// 2 // Perused the F.I.R.

Learned counsel for the State on instruction submitted that the petitioner no.1 Chita Ranjan Senapati has got two criminal antecedents.

Considering the availability of the criminal antecedents against petitioner no.1, while not inclining to grant anticipatory bail to him, it is observed that in the event the petitioner no.1 Chita Ranjan Senapati surrenders in the Court below within a period of four weeks from today and moves 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 co-accused, who is 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 petitioners nos.2 to 5 namely, Balabhadra Jena, Laxmidhar Senapati, Dilip Pradhan and Bhagia @ Bhagaban Mohanty are concerned, taking into account the nature of accusation against them, absence of any criminal antecedent and the fact that the offences are triable by Magistrate, I am inclined to release the on anticipatory bail.

Accordingly, this Court directs that in the event of arrest of petitioners nos.2 to 5 in connection with the aforesaid case, they shall be released on bail on

// 3 // 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 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 p