Pintu Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.8953 of 2022 Pintu Sahoo ....

Petitioner Mr. Panchanan Panigrahi, Advocate -versusState of Odisha ....

Opp.Party Mr.P.K.Rout, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

02.08.2022 01.

1.

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

2.

Heard learned counsel for the Petitioners and the learned Additional Standing Counsel. Perused the records. 3.

This is an application under Section 438 Cr.P.C. filed by the Petitioners for anticipatory bail.

4.

It is submitted by the learned counsel for the Petitioner that initially the Petitioner lodged an F.I.R. on 01.07.2022 which was registered as Kamakhyanagar P.S.Case No.251 of 2022 wherein it is alleged that the son of the informant along with others assaulted the father of the informant as well as the Petitioner as a result of which the father died and the Petitioner sustained injuries for which he was hospitalized for treatment. The present F.I.R. has been lodged by Hemant Sahoo whose son is an accused in other F.I.R. In the present case, it is alleged that the present Petitioner assaulted the son of the informant, who had sustained injury. On perusal of the injury report filed by the Petitioner, it appears that the injuries are simple in nature.

// 2 // 5.

Considering the nature of allegations made, gravity of the offence and the fact of the case, I am not inclined to grant anticipatory bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the learned S.D.J.M., Kamakhya Nagar in G.R.Case No.475 of 2022 arising out of Kamakhyanagar P.S.Case No.253 of 2022 within a period of three weeks from today and moves for bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the learned Magistrate and subject to verification of injury. In the event it is found that the injury is grievous then this order shall stand revoked.

6.

The ABLAPL is accordingly disposed of.

7.

Issue urgent certified copy of the order as per Rules. ( A.K. Mohapatra ) Judge RKS