Jadunath Behera v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 3460 of 2022

1. Jadunath Behera

2. Dinesh Kumar Behera @ Dinesh Behera

3. Muna @ Satyajit Behera

4. Pabitra Kumar Behera @ Pabitra Behera

5. Madana Behera

6. Manmohan Behera @ Danei Behera

7. Rakesh Behera @ Naresh

8. Sapneswar Behera

9. Anjana Behera

10. Chakradhar Behera @ Chakara

11. Sanatan Behera

12. Sunil Sahoo

13. Anil Sahoo

14. Debraj Sahoo @ Debu

15. Babuli @ Tanua Tarai

16. Bahuda Kumar Behera @ Bahuda Behera

17. Milu Malik @ Milla Malik

18. Basanta Tarai

19. Kousalya Tarai @ Koutuaka Tarai Petitioners ....

Mr. P.C. Moharana, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

// 2 // Order No.

ORDER

17.05.2022 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 Jenapur P.S. Case No.70 of 2022 corresponding to C.T. Case No.440 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for alleged commission of offences under sections 143/147/148/ 307/506/149 of the Indian Penal Code.

Perused the first information report annexed to the anticipatory bail application.

Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case and on account of political dispute between the parties during the last Gram Panchayat election, the case has been foisted and there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and on hearing the learned counsel for the State, who submitted that nobody was sent for medical examination on police requisition, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of

// 3 // 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 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 RKM