Gajapati Nag v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 8819 of 2022 Gajapati Nag & Others ....

Petitioners Mr. M.K. Panda, Advocate -versusState of Odisha ....

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

23.09.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioners are accused in Dharamgarh P.S. Case No.162 of 2022, corresponding to C.T. Case No.416 of 2022, pending before the learned S.D.J.M., Dharamgarh, for commission of offences under Sections 147/148/294/323/325/354/307/506/149 of IPC.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dharamgarh, by order dated 07.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Perused the order of rejection.

6.

On perusal of the F.I.R., it is prima facie borne out that the assailant Baikuntha Nag has assaulted the injured Parsuram, who has suffered incised wound.

7.

It is evident from the injury report in respect of other injured persons that they have suffered injuries which are simple and it is on record that one of the injured Chanchala Nag has not suffered any physical injury.

8.

Taking into account that Baikuntha Nag had committed the overt act vis-à-vis the injured Parsuram and he not being one of the petitioners, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter. 9.

Additionally it is directed that the petitioners shall appear before the I.O once every week till conclusion of investigation. 10.

Accordingly, the BLAPL stands disposed of.

11.

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