Babuli Jena @ Tubula v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6671 of 2022

1. Babuli Jena @ Tubula

2. Rajesh Nanda

3. Dusasan Sahoo @ Viki

4. Chandan Kumar Jena @ Chandan Jena

5. Kauri Jena @ Sanjay Jena

6. Bikash Chandra Rout

7. Santosh Rout

8. Batua Nayak @ Bijay Nayak

9. Tubuli @ Baladeb Rout ....

Petitioners Mr. S. Dash, Advocate -versusState of Odisha ....

Opp. Party Mrs. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.07.2022 01.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners submitted that except petitioner no.6 Bikash Chandra Rout and petitioner no.8 Batua Nayak @ Bijay Nayak, he does not want to press this anticipatory bail application in respect of other petitioners.

// 2 // In view of such submission, this anticipatory bail application so far as petitioners nos. 1 to 5, 7 and 9, namely, Babuli Jena @ Tubula, Rajesh Nanda, Dusasan Sahoo @ Viki, Chandan Kumar Jena @ Chandan Jena, Kauri Jena @ Sanjay Jena, Santosh Rout and Tubuli @ Baladeb Rout respectively stands disposed of as not pressed.

Heard the learned counsel for the petitioners nos. 6 and 8 and learned counsel for the State. This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners nos.6 and 8 in connection with C.T. Case No.839 of 2022 arising out of Jenapur P.S. Case No.145 of 2022 pending in the Court of learned J.M.F.C., Chandikhole for alleged commission of offences under sections 143/144/506/384/307/379/149 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners nos.6 and 8 produced the injury report of one Sangram Keshari Parida, which indicates that he has sustained three fracture injuries.

It is mentioned in the first information report that the injured is in ICU of Chanakya Hospital, Cuttack.

Considering the nature of injury sustained by the injured, while not inclining to grant anticipatory

// 3 // bail to the petitioners no.6 and 8, it is observed that in the event the petitioners nos.6 and 8, namely, Bikash Chandra Rout and Batua Nayak @ Bijay Nayak respectively surrender in the Court below within a period of four weeks from today and move for bail, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned for adjudication of the bail application. The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on proper application.

( S.K. Sahoo) Judge RKM