Rabi Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16681 of 2021 Rabi Mallik ....

Petitioner Mr. S.K. Dash, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

24.01.2022 01.

1.

This matter is taken up by video conferencing mode.

2.

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

3.

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Bhuban P.S. Case No.490 of 2021 corresponding to G.R. Case No. 470 of 2021 pending in the Court of learned J.M.F.C., Bhuban for alleged commission of offences under sections 341, 294, 323, 379, 506 of the Indian Penal Code.

4.

Perused the F.I.R. annexed to the anticipatory bail application.

// 2 // 5.

Considering the submissions made by the learned counsel for the petitioners that the occurrence in question took place during immersion procession of Lord Kartikeswar, the offences are triable by Magistrate, the only non-bailable offence is under section 506 of the Indian Penal Code, the nature of accusation and nature of punishment prescribed for the offences and on 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, he shall be released on bail on furnishing bail bond of Rs.

20,000/-(Rupees twenty thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and 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 any facts to the Courts or to the investigating Officer. Violation of any of the conditions shall entail cancellation of bail. 6.

The ABLAPL is accordingly disposed of.

7.

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

// 3 // prescribed vide Office Order dated 7th January 2022. p ( S.K. Sahoo) Judge