Bankabihari@Umesh Jena v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.6253 of 2022
1. Bankabihari @ Umesh Jena
2. Biju @ Bijay Jena
3. Jayadeb Jena ....
Petitioners Mr.P.K. Jena, Advocate -versusState of Odisha ....
Opp. Party Mr.Arupananda Das, Addl. Government Advocate
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
06.07.2022 03.
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 C.T. Case No.340 of 2022 arising out of Baliapal P.S. Case No.111 of 2022 pending in the Court of learned J.M.F.C., Basta for alleged commission of offences under sections 341/323/325/ 307/294/427/435/34 of the Indian Penal Code.
// 2 // Perused the first information report annexed to the anticipatory bail application.
Learned counsel for the State on instruction submitted that there are two injured persons in this case, namely, Basant Dey and Babula Ranasingh and both of them have sustained simple injuries. He further submitted that petitioner no.3 Jayadeb Jena has got one criminal antecedent.
Considering the submissions made by the learned counsel for the petitioners that 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 taking into account the nature of injury sustained by the injured, 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
// 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