Valu@ Rajesh Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16810 of 2021 Valu @ Rajesh Jena ....

Petitioner Mr.U.C. Jena, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up through Video Conferencing Mode.

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Bansada P.S. Case No.147 of 2020 corresponding to G.R. Case No.349 of 2020 pending in the Court of learned J.M.F.C., Chandabali for alleged commission of offences under sections 341/342/294/ 323/186/332/307/379/506/34 of the Indian Penal Code.

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

// 2 // bail application.

Learned counsel for the petitioner submitted that the allegations against the petitioner are omnibus in nature and some of the co-accused persons who approached this Court for anticipatory in ABLAPL No.11016 of 2020, have been directed to be released on anticipatory bail by this Court as per the order dated 19.10.2020 and he has annexed the copy of the order to anticipatory bail application. He further submitted that the injuries sustained by the injured persons are simple in nature and the ingredients of offence under section 307 of the Indian Penal Code are not attracted and therefore, the anticipatory bail application of the petitioner may be favourably considered.

Learned counsel for the State has produced the case diary and he has not disputed that the injured persons have sustained simple injuries and that the petitioner stands on the similar footing like the coaccused persons who have been granted anticipatory bail.

Considering the submission of learned counsel for the respective parties, nature of accusation, release of the co-accused on anticipatory bail and since the injury sustained by the injured persons are simple in nature, I am inclined to release the petitioner on anticipatory bail and accordingly, this

// 3 // 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 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 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 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