Jhadeswar Majhi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3466 of 2022 1.
Jhadeswar Majhi 2.
Jagyenswar Majhi 3.
Rabindra Majhi 4.
Barendra Majhi 5.
Kali Charan Majhi 6.
Chandan Majhi 7.
Bijay Majhi 8.
Aju Majhi @ Ajay Majhi 9.
Ashok Behera
10. Padu Behera @ Padulochan Behera
11. Bidu Lochan Behera
12. Tapan Behera @ Tapan Kumar Behera
13. Manmath Behera
14. Rabindra Dalai
15. Ramesh Chandra Dalai @ Rama Chandra Dalai ....
Petitioners Mr.P.C. Jena, Advocate -versusState of Odisha ....
Opp. Party Mr.D.K. Pani Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
19.05.2022 I.A. No. 485 of 2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the learned counsel for the petitioners and learned counsel for the State.
// 2 // This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection Jaleswar P.S. Case No.110 of 2022 corresponding to C.T. Case No. 130 of 2022 pending in the Court of learned J.M.F.C., Jaleswar for commission of alleged offences under sections 447/427/307/354/323/379/506/34 of the Indian Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
Learned counsel for the State has produced the injury reports of two injured, namely, Bainsidhar Dalai and Bharat Majhi, which indicate that both of them have sustained simple injuries. Learned counsel submitted that the petitioners have got no criminal antecedents. The copies of the injury reports are taken on record.
Considering the submission made by the learned counsel for the petitioners that there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and that the injured persons have sustained simple injuries, the nature of accusation against the petitioners and the fact that the petitioners have got no criminal antecedents, I am inclined to release the petitioners on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they shall be
// 3 // 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 PKSahoo