Rajkishore Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14868 of 2021

1. Rajkishore Swain

2. Bijay Swain

3. Pravakar Swain ....

Petitioners Mr. P.K. Rath, Advocate -versusState of Odisha ....

Opp. Party Mr. J.P. Patra, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

12.05.2022 01.

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 Penkhakata Marine P.S. Case No.88 of 2021 corresponding to G.R. Case No. 3396 of 2021 pending in the Court of learned S.D.J.M., Puri for commission of alleged offences under sections 307/324/379/506/34 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 injured in this case is one Bhimasen Baral, who has sustained simple injuries.

// 2 // Considering the submission made by the learned counsel for the petitioners that there are no such materials to attract the ingredients of the offence under section 307 of the Indian Penal Code and that the injured has sustained simple injuries and the nature of accusation against the petitioners, 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 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 PKSahoo