Tila Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16600 of 2021 ....

Petitioners

1. Tila Naik

2. Jitendra Naik

3. Habal Naik

4. Raidhar Naik

5. Bhima Bag

6. Upendra Naik

7. Kabi Naik

8. Labi Naik

9. Bhubani Naik

10. Bhima Bag

11. Piranti Naik

12. Satapathy Bag

13. Kabiraj Naik

14. Santosh Naik

15. Jagannath Naik

16. Dori Naik

17. Prasanta Naik

18. Adisan Naik

19. Sankari Naik

20. Somanath Bag Mr.P.K. Nayak, Advocate -versusState of Odisha ....

Opp. Party Mr. A. Das Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

24.01.2022

// 2 // 01.

This matter is taken up by 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 Kasipur P.S. Case No.119 of 2021 corresponding to G.R. Case No.448 of 2021 pending in the Court of J.M.F.C., Kasipur for alleged commission of offences under sections 147/148/448/384/ 294/336/337/431/307/149 of the Indian Penal Code read with section 7 of the Ciminal Law (2nd Amendment) Act, 1983.

Learned counsel for the petitioners submitted that some of the co-accused have already been taken into custody and they have been released on bail by the learned Sessions Judge, Rayagada and the injuries sustained by the injured persons are simple in nature and therefore, the anticipatory bail application of the petitioners may be favourably considered. Learned counsel for the State on the other hand, opposed the prayer for bail and submitted that it is an attack on public servants who were on the duty. In view of such submission, while not inclining to grant anticipatory bail to the petitioners, it is directed that in the event the petitioners surrender in the

// 3 // Court below and move for bail within a period of four weeks from today, the same shall be considered and disposed of by the Courts below expeditiously and while disposing of the bail application, the learned Courts below shall consider the claim of parity with the co-accused, who are stated to have been released on bail, in accordance with law. The case records shall be made available to the Court concerned.

The ABLAPL stands disposed of.

Parties may utilize the soft copy of this order 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. p ( S.K. Sahoo) Judge