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Orissa High CourtABLAPL/6384/2022allowed

Dambru Majhi @ Pujari v. State Of Odisha

2022-07-05Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6384 of 2022

1. Dambru Majhi @ ....

Petitioners Pujari

2. Backchand Majhi

3. Ratan Majhi

4. Pritam @ Pitamber Majhi

5. Abhi Majhi @ Samarath Mr.A.Mishra, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

05.07.2022 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 Kodinga P.S. Case No.143 of 2021 corresponding to G.R. Case No.930 of 2021 pending in the Court of learned S.D.J.M., Nabarangpur for commission of alleged offences under sections

// 2 // 147/148/294/323/341/307/353/354/386/506/509/149 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State on instruction submitted that there is only one injured in the case, namely, Swati Panaka, who has sustained simple injuries.

Considering the submissions made by the learned counsel for the petitioners that the ingredients of the offence under section 307 of the Indian Penal Code are not attracted, the allegations are omnibus in nature and taking into account the nature of injuries 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 any facts to the Courts or to the Investigating Officer.

// 3 // Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo