Rohit Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6403 of 2022 Rohit Nayak ....

Petitioner Mr.Arijeet Mishra, Advocate -versusState of Odisha ....

Opp. Party Mr.Rajesh Tripathy, Addl. Standing Counsel

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Jeypore Town P.S. Case No.66 of 2022 corresponding to G.R. Case No.280 of 2022 pending before the learned S.D.J.M., Jeypore for commission of alleged offences under sections 147/148/323/326/341/307/149 of the Indian Penal Code.

Learned counsel for the petitioner submits that the petitioner has not been named as an accused in

// 2 // the F.I.R., who is a minor boy aged about sixteen years and two of the co-accused persons have already been granted anticipatory bail by this Court in ABLAPL No. 3829 of 2022 and ABLAPL No.6305 of 2022 and there is no material to attract the ingredients of the offence under section 307 of the Indian Penal Code and therefore, the anticipatory bail application may be favourably considered.

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

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

Considering the submissions made by the learned counsel for the respective parties, nature of accusation against the petitioner, age of the petitioner and release of the similarly situated co-accused persons on anticipatory bail, 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

// 3 // to dissuade him from disclosing any facts to the Courts or to the Investigating Officer. 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