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Orissa High CourtABLAPL/3482/2022allowed

Mitu Bhoi @ Mantu Bhoi v. State Of Odisha

2022-05-17Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 3482 of 2022

1. Mitu Bhoi @ Mantu Bhoi

2. Balaram Bhoi @ Dhuma Bhoi

3. Papuni Behera @ Bapuni Behera

4. Ramesh @ Ramesh Chandra Das

5. Balaram Guru @ Balia Guru

6. Bichitra Nanda Guru @ Dhedua Guru ....

Petitioners Mr. S. Mohanty, Advocate -versusState of Odisha ....

Opp. Party Mr. Arupananda Das, Addl. Government Advocate

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

// 2 // connection with Jagatsinghpur P.S. Case No.164 of 2022 corresponding to G.R. Case No.400 of 2022 pending in the Court of learned S.D.J.M., Jagatsinghpur for alleged commission of offences under sections 341/294/323/324/307/379/506/34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the petitioners submitted that 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 therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State on verification of the case diary submitted that the informant Jiban Mallick has sustained simple injury.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the nature of injury sustained by the injured, 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 released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two sureties each for the like

// 3 // 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.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge RKM