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Orissa High CourtABLAPL/6022/2022allowed

Ajay Kumar Nayak v. State Of Odisha

2022-06-22Mr. Justice S.K.Sahoo2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6022 of 2022 Ajay Kumar Nayak ....

Petitioner Mr. R.R. Chhotray, Advocate -versusState of Odisha ....

Opp. Party Mr.S.K.Mishra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

22.06.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Learned counsel for the petitioner seeks permission of the Court to reflect the G.R. Case number in the cause title as well as in the body of the application.

Permission is granted.

Heard the learned counsel for the petitioner and learned counsel for the State.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Astaranga P.S. Case No. 111 of 2022 corresponding to G.R. Case No. 389 of 2022 pending in the Court of learned J.M.F.C., Nimapara for the commission of the alleged offences punishable under sections 341, 294, 323, 325/506 of the Indian Penal Code.

// 2 // Perused the first information report annexed to the anticipatory bail application.

Considering the submission made by the learned counsel for the petitioner that on account of immersion ceremony of the deity, the dispute took place, the offences are triable by Magistrate, the only non-bailable offence is one under section 506 of the Indian Penal Code and on hearing the learned counsel for the State, who submitted that one Harasa Muduli is the injured in the case and he has sustained simple injuries, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.

10,000/-(rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he 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.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo