Somanath Moharana v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6285 OF 2022 Somanath Moharana & Another .........

Petitioner Mr. S.K. Nayak, Advocate -versusState of Odisha ............

Opposite Parties Mr. A. Pradhan, ASC

CORAM:

JUSTICE V. NARASINGH

ORDER

26.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Mode.

2.

The petitioners are accused in connection with C.T. Case No. 504 of 2022 arising out of Simulia P.S. Case No. 156 of 2022, pending on the file of the learned J.M.F.C., Soro for the alleged commission of offence under Sections-341 /323/ 294/ 324/ 354/ 307/ 34 of the I.P.C.

3.

Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C. by the learned Special Judge (Vigilance), Balasore by Order dtd. 23.06.2022 in Bail Application No. 484 of 2022, the present BLAPL has been filed.

4.

Heard learned counsel for the petitioners and learned Counsel for the State.

5.

Learned counsel for the State places the statement of Surendra Moharana-the informant and injured. On perusal of the same and on going through the Injury Report, it is seen that

Surendra Moharana has sustained grievous injury and it is also borne out from the statement of the said informant the other two persons namely Khagendra Maharana and Mahendra Moharana have also sustained injuries.

6.

The nature of injury so far as Khagendra and Mahendra are concerned they have been categorized as simple in nature. 7.

It is noticed from statement of the informant that the grievous injury is attributed to Prafulla, who is not the petitioner before this Court.

8.

Taking into account the period of custody, this Court directs the petitioners to be released on bail on such terms and conditions to be fixed by the learned Court in seisin over the matter, with the additional stipulation that the petitioners shall appear before the Local Police Station once every fifteen (15) days till submission of Final Form.

9.

The Bail Application thus stands disposed of. 10.

Urgent certified copy of this order be granted as per rule. ( V.Narasingh ) Balaram Judge