Sk. Abdul Rafik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6699 of 2022

1. Sk. Abdul Rafik

2. Sk. Abdul Sakil @ Sk.

Muna

3. Sk. Abdul Rasid ....

Petitioners Mr. A.K. Acharya, Advocate -versusState of Odisha ....

Opp. Party Mr. Manoranjan Mishra, 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). 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 Basudebpur P.S. Case No.208 of 2022 corresponding to G.R. Case No.465 of 2022 pending in the Court of learned J.M.F.C., Basudebpur for alleged commission of offences under sections 341/323/294/506/307/34 of the Indian Penal Code read with sections 25/27 of the Arms Act.

// 2 // Perused the F.I.R.

Learned counsel for the petitioners submitted that it is a case and counter case and on account of boundary dispute between the parties, the case has been foisted and there are three injured persons in the case and two of them have sustained simple injuries and one has no external injury and he has filed the copies of the injury reports, which are taken on record.

Learned counsel for the State has also obtained the case diary and does not dispute that the injured persons sustained simple injuries.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the nature of injury sustained by the injured persons, 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

// 3 // 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