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Orissa High CourtABLAPL/3513/2022allowed

Dipak Jena @ Deepak Jena v. State Of Odisha

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

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3513 of 2022

1. Dipak Jena @ Deepak Jena

2. Rupak Jena ....

Petitioners Mr. P.K. Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.A. 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 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Gurudijhatia P.S.Case No.37 of 2022 corresponding to C.T. Case No. 163 of 2022 pending in the Court of learned S.D.J.M., Athagarh for alleged commission of offences under sections 341, 294, 323, 325, 307, 506, 34 of the Indian Penal Code.

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

// 2 // Learned counsel for the State on instruction submitted that the informant is the sole injured in the case and he has sustained simple injuries.

Considering the submissions made by the learned counsel for the petitioners that 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 to attract the ingredients of the offence under section 307 of the Indian Penal Code against the petitioners and on hearing the learned counsel for the State, 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 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

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