Namita Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3301 of 2021

1. Namita Biswal

2. Narottam Biswal

3. Gouttam Biswal

4. Uttam Kumar Bisal ....

Petitioners Mr.R.K. Panda, Advocate -versusState of Odisha ....

Opp. Party Mrs.Susamarani Sahu Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

23.03.2022 03.

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 Baliapal P.S. Case No. 35 of 2021 corresponding to C.T. Case No.156 of 2021 pending in the Court of learned J.M.F.C., Basta for the commission of the alleged offences punishable under sections 341, 323, 294, 427, 354, 307, 506/34 of the Indian Penal Code.

Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case,

// 2 // there is background of a civil dispute between the parties and on hearing the learned counsel for the State, who submitted that the case has turned to one under section 307 of the Indian Penal Code and there are three injured persons in the case who have sustained simple injuries and the fact that petitioners have been granted interim protection since 25.03.2021 and there is no material that they have misutilized their liberty, the interim order dated 25.03.2021 is made absolute.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo