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Orissa High CourtBLAPL/10913/2021disposed off

Ritik Tanty @ Ritik v. State Of Odisha

2022-01-24Mr. Justice Aditya Kumar Mohapatra3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10913 of 2021 Ritik Tanty @ Ritik and others ....

Petitioners Mr. S.K. Jena, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, ASC for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

24.01.2022 Order No.

01.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the relevant papers.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioners for bail in connection with Jharsuguda P.S. Case No.548 of 2021, corresponding to C.T. Case No.2580 of 2021, pending in the court of learned S.D.J.M., Jharsuguda, for commission of alleged offences under Sections 341/294/323/307/379/427/506/34 I.P.C. 4.

Learned counsel for the Petitioners submits that Petitioners have been falsely entangled in the case due to quarrel between the parties. Moreover, the injuries sustained by the informant are simple in nature.

5.

Mr.P.C. Das, learned Standing Counsel for the State vehemently objected to the bail of the Petitioners. However, he submits if the Petitioners are released on bail, stringent conditions may be imposed on the accused Petitioners. It is further submitted

// 2 // that the FIR allegation is that one co-accused Mukesh Sahoo has dealt a blow on the back side head of the victim and that Petitioners have not assaulted the victim. Such assertion corroborates from the injury report submitted before the police. It is further submitted that the investigation of the case has been substantially progressed and Petitioners have been in the jail custody since 10.11.2021. The main allegation is against one Mukesh Sahoo, the principal accused, who has assaulted the victim.

6.

In such view of the matter and having heard learned counsel for the parties and considering the period of detention of the Petitioners, it is directed that the Petitioners be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioners shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

Petitioners are also directed to appear before the local police station at an interval of every fifteen days between 11.00 A.M. to 1.00 P.M. on a working day once they come out of jail custody. The court in seisin of the matter may impose any additional condition(s), if situation so warrants.

8.

With the above direction, the BLAPL is accordingly allowed.

9.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned Advocate, in

// 3 // the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo