Saroja Mallick v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16623 of 2021

1. Saroja Mallick

2. Nibash Das

3. Srinibas Swain

4. Raju Katikia

5. Manash Bardhan

6. Chuguna Jena

7. Ranjan Bar

8. Hemanta Das

9. Basanta Gochayyat

10. Rama Chandra Swain

11. Ajaya Das 12.Alok Swain

13. Janaranjan Samantray

14. Mahendra Swain

15. Nutan Das

16. Debendra Swain

17. Chinmaya Swain

18. Goutam Das 19.Pravat Sahoo

20. Kailash Das

21. Manmath Sahoo

22. Pradipta Sathpathy

23. Dilip Kandi @ Das

24. Kailash Mantry

25. Sukuti Behura

26. Kailash Mantri

27. Subash Behura

28. Prasanta @ Dhana Mallick

29. Sanjaya Mallick

30. Sanatan Das ....

Petitioners Mr.S.Samal, Advocate -versusState of Odisha ....

Opp. Party

// 2 // Mrs. Susama Rani Sahoo, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

24.01.2022 01.

This matter is taken up through video conferencing.

Heard the 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 Abhaychandpur P.S. Case No. 127 of 2021 corresponding to G.R. Case No.796 of 2021 pending in the Court of learned J.M.F.C. Erasama for commission of the alleged offences punishable under sections 147, 148, 341, 333, 353, 307, 427, 294, 379, 186, 149, 332/506 of the Indian Penal Code, section 7 of the Criminal Law (2nd Amendment) Act and sections 3 and 4 of the Prevention of Damage to Public Property Act, 1984.

Perused the first information report annexed to the anticipatory bail application.

Learned counsel for the petitioner submits that accusation has been levelled against the petitioners that while the informant and other police officials have been to village Dhinkia to investigate a case and arrest the accused, the petitioners along with others

// 3 // caused hindrance to them and also damaged the police vehicle by pelting stones and numbers of police personnel are stated to have sustained minor injuries and therefore the anticipatory application may be favourably considered.

Learned counsel for the State on instruction submitted that some of the police officials have sustained injuries.

Be that as it may, in view of the nature and gravity of accusation and since there was attack on police officials on duty while not inclining to grant anticipatory bail to the petitioners, it is observed that in the event the petitioners surrender and move for bail in the Court below within a period of four weeks, the same shall be disposed of the same in accordance with law expeditiously by the learned Court below. The case records shall be made available to the Courts concerned for disposal of the bail application. 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. ( S.K. Sahoo) Judge PKSahoo