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Orissa High CourtABLAPL/15866/2021allowed

Nakul Routray v. State Of Odisha

2022-01-11Mr. Justice S.K.Sahoo4 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15866 of 2021

1. Nakul Routray

2. Jitendra Kumar Samantaray @ Jitu Samantaray

3. Litu Samantaray @ Jada

4. Krusna @ Krushna Chandra Kahalsingh

5. Dinabandhu Behera

6. Hemanta Kumar Mangaraj @ Hadu

7. Subash Chandra Kahalsingh @ Subasa Kahalsing

8. Sanjaya Samantaray

9. Biranchi Samantaray

10. Pravakar Kahalsingh

11. Biswambar Kahalsingh

12. Jitendra Kahalsingh

13. Rasmita Kahalsingh

14. Trinath Kahalsingh

15. Sulochana Kahalsingh

16. Ajay Baliarsingh @ Babuli Baliarsingh

17. Ajay Kahalsingh @ Aju Kahalsing

18. Jharana Kahalsingh

19. Bijay Samantaray ....

Petitioners Mr. Rajjeet Roy, Advocate -versusState of Odisha ....

Opp. Party Mr. A.K. Beura, Addl. Standing Counsel

CORAM:

// 2 // JUSTICE S.K. SAHOO

ORDER

11.01.2022 01.

Order No.

This matter is taken up through Video Conferencing Mode.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Bolagarh P.S. Case No.196 of 2021 corresponding to G.R. Case No. 1397 of 2021 pending in the Court of learned S.D.J.M., Khurda for alleged commission of offences under sections 457/380 of the Indian Penal Code.

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

Learned counsel for the petitioners submits that one Suryakant Behera from the side of the petitioners lodged an F.I.R. against the informant and others on 10.09.2021 before the Inspector-in-charge of Bolgarh police station and accordingly, a case under section 307 of the Indian Penal Code and other offences was instituted and this case has been foisted just as a counter blast to the said case. It is further submitted that the offences alleged against the petitioners are triable by Magistrate and the allegations are omnibus in nature and therefore, the bail application of the

// 3 // petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Perused the first information report annexed to the anticipatory bail application.

Considering the submissions of learned counsel for the respective parties, the nature of accusation against the petitioners case and the fact that the offences are triable by Magistrate, 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 conditions shall entail cancellation of bail. The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order available in the High Court's website or print out

// 4 // thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. P ( S.K. Sahoo) Judge