Jayaram Bhatra v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6200 of 2022

1. Jayaram Bhatra

2. Laxmi Bhatra

3. Lachama Bhatra

4. Kapil Majhi

5. Utu Bhatra @ Bhatu

6. Mukunda Majhi @ Mukunda Bhatra ....

Petitioners Mr. J. Sahoo, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

28.06.2022 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 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.222 of 2022 arising out of Dabugaon P.S. Case No.72 of 2022 pending in the Court of learned J.M.F.C., Umerkote for alleged commission of offences under sections 147/148/323/

// 2 // 341/324/506/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that the case was registered under Magistrate triable offences but during the course of investigation, one co-accused was taken into judicial custody and while forwarding him to the Court, offence under section 307 of the Indian Penal Code has been added. It is further submitted that the said co-accused has already been released on bail and that there are as many as six injured persons in the case and all of them have sustained simple injuries and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the nature of injuries sustained by the injured persons and release of co-accused on 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

// 3 // 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 RKM