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Orissa High CourtABLAPL/13573/2021allowed

Amar Naik@ Amar Behera v. State Of Odisha

2022-05-19Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13573 of 2021

1. Amar Naik @ Amar Behera

2. Akhay Naik @ akhay Behera

3. Raja Naik @ Raja Nayak

4. Somu Naik @ Sonu Nayak

5. Biki Naik @ Biki Nayak

6. Kartika Naik @ Kartik Sethy @ Kartik Sethi ....

Petitioner Mr.S.P. Das, Advocate -versusState of Odisha ....

Opp. Party Mr. D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.05.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard the 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 Capital P.S. Case No.338 of 2021

// 2 // corresponding to C.T. Case No. 3145 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for commission of alleged offences under sections 364, 294, 326, 323, 34 of the Indian Penal Code.

Perused the F.I.R. annexed to the anticipatory bail application.

Learned counsel for the State on instruction submitted that the informant Suresh Naik is the injured in this case and he has sustained simple injuries.

Considering the nature of accusation against the petitioners and the fact that the nature of injuries sustained by the injured are simple in nature and taking into account the background of the case, 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 person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts

// 3 // or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge P