← Library
Orissa High CourtABLAPL/8530/2022disposed off

Niranjan Khamari v. State Of Odisha

2022-07-29Mr. Justice Aditya Kumar Mohapatra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8530 of 2022 Niranjan Khamari & Others ....

Petitioners Mr. Suryakanta Dwibedi, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashank Patra, A.S.C.

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

29.07.2022 Order No.

01.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the Petitioners and learned Addl. Standing Counsel for the State.

3.

This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offences punishable under Sections 143/147/148/294/324/325/307/506/149, I.P.C. 4.

It is submitted by learned counsel for the Petitioners that the present Petitioners have not been named in the F.I.R., but, however they are apprehending arrest in connection with the present case. So far as the assault part is concerned, it is technically mentioned in the F.I.R. that one Sukanta Kheti, Pravash Chandra Kheti and Ranjan Gaigaria assaulted the complainant by means of iron rod and 'Medha'.

// 2 // 5.

Considering the nature of allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioners, however it is observed that, in the event the Petitioners surrender before the learned J.M.F.C., Kantamal in C.T. Case No.167 of 2022 corresponding to Manamunda P.S. Case No.107 of 2022 within a period of three weeks from today, the Petitioners shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

6.

The ABLAPL is disposed of accordingly.

7.

Urgent certified copy of this order be granted as per rules. (A.K. Mohapatra) Judge S.K.Parida