Md. Zaid Iqbal v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3556 of 2022
1. MD. Zaid Iqbal
2. Md. Junaid @ Md.
Junaid Iqbal
3. Md. Sajid @ Sajid Iqbal
4. Md. Rashid @ Abdul Rashid
5. Saad Akhtar @ Shad Akhtar ....
Petitioners Mr.P.K. Nayak, Advocate -versusState of Odisha ....
Opp. Party Mr.D.K. Pani, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
18.05.2022 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.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Plantsite P.S. Case No.503 of 2021 corresponding to G.R. Case No.2358 of 2021 pending in the Court of learned S.D.J.M., Panposh, Rourkela for alleged commission of offences under sections 341/323/324/506/34 of the Indian
// 2 // Penal Code.
Perused the F.I.R. annexed to the anticipatory bail application.
Learned counsel for the petitioners submitted that the petitioners and the informant belonged to the same locality and the injuries sustained by the injured are simple in nature and similarly situated co-accused has been granted anticipatory bail by this Court in ABLAPL No.16827 of 2021 and the allegations against the petitioners are omnibus in nature and therefore, the anticipatory bail application of the petitioners may be favourably considered.
Learned counsel for the State submitted that the case has turned to one under section 307 of the Indian Penal Code and there are five injured persons in this case and injury reports of four injured persons are available in the case diary which show that they have sustained bruises and abrasions and the injuries have been opined to be simple in nature. Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioners, nature of injuries sustained by the injured persons, release of the co-accused on anticipatory bail, 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
// 3 // 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 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 P