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Orissa High CourtABLAPL/16166/2021allowed

Udayanath Nayak v. State Of Odisha

2022-01-19Mr. Justice S.K.Sahoo3 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16166 of 2021

1. Udayanath Nayak

2. Basu @ Basudev Nayak

3. Jagar @ Jageswar Nayak

4. Laxmidhar Nayak

5. Khetrabasi Nayak

6. Ajiba Nayak Petitioners ....

Mr.M.R. Panda, Advocate -versusState of Odisha ....

Opp. Party Mr.D.K. Pani, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

19.01.2022 01.

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 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with G.R. Case No.580 of 2021 arising out of Jodapadar P.S. Case No.256 of 2021 pending in the Court of learned Nayadhikari Grama Nayalaya,

// 2 // Brahmagiri for alleged commission of offences under sections 294/506/379/34 of the Indian Penal Code. Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioners that the offences are triable by Magistrate and further taking into account the delay in lodging the first information report and after hearing the learned counsel for the State, 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 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 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.

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 p