Dharmendra Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 3463 of 2022

1. Dharmendra Jena

2. Ghanashyam Jena

3. Rajesh Kumar Baral

4. Santosh Kumar Lenka

5. Anil Lenka

6. Ranjan Kumar Panda

7. Jagannath Sahoo

8. Balaram Barik ....

Petitioners Mr. S.R. Mohapatra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO 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 G.R. Case No.98 of 2022 arising out of Aul P.S. Case No.54 of 2022 pending in the Court of

// 2 // learned J.M.F.C., Aul for alleged commission of offences under sections 341/323/325/307/506/34 of the Indian Penal Code.

Perused the F.I.R.

In view of the specific overt act attributed against the petitioner no.1 Dharmendra Jena and petitioner no.2 Ghanashyam Jena in the assault of the informant Rajendra Kumar Parida, who has sustained grievous injury, while not inclining to grant anticipatory bail to them, it is observed that in the event the petitioner no.1 Dharmendra Jena and petitioner no.2 Ghanashyam Jena surrender in the Court below within a period of four weeks from today and move for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned.

So far as petitioner no.3 Rajesh Kumar Baral, petitioner no.4 Santosh Kumar Lenka, petitioner no.5 Anil Lenka, petitioner no.6 Ranjan Kumar Panda, petitioner no.7 Jagannath Sahoo and petitioner no.8 Balaram Barik are concerned, in absence of any specific overt act against them, I am inclined to release them on anticipatory bail. Accordingly, this Court directs that in the event of arrest of petitioner no.3 Rajesh Kumar Baral, petitioner no.4 Santosh Kumar Lenka, petitioner no.5 Anil Lenka, petitioner

// 3 // no.6 Ranjan Kumar Panda, petitioner no.7 Jagannath Sahoo and petitioner no.8 Balaram Barik 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