Niranjan Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16023 of 2021 Niranjan Mallick ....

Petitioner Mr. U. Barik, Advocate -versusState of Odisha ....

Opp. Party Smt. Susamarani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

12.01.2022 01.

Order No.

This matter is taken up by video conferencing mode.

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

This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with G.R. Case No.1051 of 2017 arising out of Derabish P.S. Case No.95 of 2017 pending in the Court of learned S.D.J.M., Kendrapara for alleged commission of offences under sections 341/323/294/ 324/307/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioner placed the F.I.R. and submitted that the main allegation is

// 2 // against co-accused Pravati Mallick and the allegations against the petitioner are omnibus in nature and since the charge sheet has already been submitted, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State has produced the case diary and placed the injury report.

Considering the submissions made by the respective parties, the nature of accusation against the petitioner and since the main role has been attributed against co-accused Pravati Mallick, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties for the like amount to the satisfaction of the arresting officer with further conditions that he 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 such facts to the Court or to the Investigating Officer.

Violation of any of the above conditions shall entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Parties may utilize the soft copy of this order

// 3 // available in the High Court's website or print out thereof at par with certified copy in the manner prescribed vide Office Order dated 7th January 2022. ( S.K. Sahoo) Judge RKM