Debasis Nayak @ Bapi v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.15721 of 2021
1. Debasis Nayak @ Bapi
2. Rakesh Jena @ Rakesh Kumar Jena
3. Krushna Chandra Prusti @ Krushna Chandra Prusty
4. Bapina @ Ananda Patra
5. Manoj Sethi
6. Fuku @ Amalesh Chandra Das
7. Ranjan Mohanty @ Ranjan Mahanta
8. Rajendra Nayak ....
Petitioners Mr.R.Achary, Advocate -versusState of Odisha ....
Opp. Party Mr.A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO Order No.
ORDER
05.01.2022 01.
This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Learned counsel for the petitioners submitted that he does not want to press this anticipatory bail application so far as petitioner no.2 Rakesh Jena @ Rakesh Kumar Jena and petitioner no.5 Manoj Sethi are concerned.
// 2 // In view of such submission, this anticipatory bail application so far as petitioner no.2 Rakesh Jena @ Rakesh Kumar Jena and petitioner no.5 Manoj Sethi stands disposed of.
Heard 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 C.T. Case No.6545 of 2021 arising out of Sahidnagar P.S. Case No.479 of 2021 pending in the Court of learned S.D.J.M., Bhubaneswar for alleged commission of offences under sections 341/323/294/354/ 509/506/34 of the Indian Penal Code.
Perused the F.I.R.
Considering the submission made by the learned counsel for the petitioners that it is a case and counter case and due to political dispute between the parties, the case has been foisted and the offences are triable by Magistrate and on hearing the learned counsel for the State, I am inclined to release the petitioners nos.1, 3, 4, 6, 7 and 8, namely, Debasis Nayak @ Bapi, Krushna Chandra Prusti @ Krushna Chandra Prusty, Bapina @ Ananda Patra, Fuku @ Amalesh Chandra Das, Ranjan Mohanty @ Ranjan Mahanta and Rejendra Nayak respectively on anticipatory bail and accordingly, this Court directs that in the event of arrest of the aforesaid petitioners in connection with the aforesaid case, they shall be released on anticipatory bail on furnishing bail bond of Rs.10,000/- (Rupees ten thousand) each with two sureties each for the like amount to the satisfaction
// 3 // 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.
Urgent certified copy of this order be granted on proper application.
RKM ( S.K. Sahoo) Judge