Umesh Chandra Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15884 of 2021 Umesh Chandra Nayak ....

Petitioner Mr.R.N. Parija, Advocate -versusState of Odisha ....

Opp. Party Mr.A.K. Beura, Addl. Standing Counsel Mr. S.K. Nayak, Advocate (for the informant)

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

07.04.2022 02.

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard the learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Chandbali P.S. Case No. 325 of 2021 corresponding to G.R. Case No.781 of 2021 pending in the Court of learned J.M.F.C., Chandbali for the commission of the alleged offences punishable under sections 341, 323, 294, 307, 427 506/34 of the Indian Penal Code.

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

// 2 // Learned counsel for the State on instruction submitted that the injured Somanath Nayak was hospitalized from 25.01.2021 to 01.12.2021 and he has head injury, which has been opined to be grievous in nature. He placed the statement of the injured, who stated that the petitioner assaulted him by means of a 'bhujali'.

In view of the nature of accusation and the nature of injury sustained by the injured and the instruction received by the learned counsel for the State, while not inclining to grant anticipatory bail to the petitioner, liberty is granted to the petitioner to surrender and move for bail in the Court below within a period of four weeks from today in the event of which the learned Courts below shall dispose of the same in accordance with law. The case records shall be made available to the Courts concerned for disposal of the bail application.

The ABLAPL stands disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge PKSahoo