Rabindra Nayak @ Rabi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.5997 of 2022
1. Rabindra Nayak @ Rabi
2. Rajkishore Nayak @ Rajua Petitioners ....
Mr. A. Mohanty, Advocate -versusState of Odisha ....
Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
21.06.2022 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.1117 of 2022 arising out of Kandarpur P.S. Case No.83 of 2022 pending in the Court of learned J.M.F.C. (Rural), Cuttack for alleged commission of offences under sections 341/323/325/307/294/506/34 of the Indian Penal Code.
Perused the first information report annexed to
// 2 // the anticipatory bail application.
Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case and the petitioners and the informant are co-villagers and on account of construction of village road, there was dispute between the parties and 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 the two injured persons in the case are Manomohana Ratha and Bhabani Sankar Ratha and they have sustained simple injuries, copies of the injury reports have been annexed to the anticipatory bail application 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.
// 3 // 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