Laxmidhar Sahoo v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16880 of 2021

1. Laxmidhar Sahoo

2. Bihari Pradhan

3. Kailash Pradhan

4. Sanjay Pradhan

5. Laxmidhar Baral

6. Ashok Swain

7. Sanjuna Baral

8. Arjuna Baral

9. Gadei Rout @ Rabindra Rout

10. Akash Bhoi

11. Manoj Bhoi

12. Sakhi Bhoi

13. Chandu Bhoi

14. Sukanti Bhoi

15. Nalita Bhoi @ Lalita Bhoi

16. Kumara Bhoi @ Kumati Bhoi ....

Petitioners Mr. Omkar Devdas, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE S.K. SAHOO Order No.

ORDER

27.01.2022 01.

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioners and learned counsel for the State.

// 2 // 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.3537 of 2021 arising out of Puri Sadar P.S. Case No.395 of 2021 pending in the Court of learned Nayayadhikari, Grama Nayalaya, Puri for alleged commission of offences under sections 342/341/323/324/ 307/34 of the Indian Penal Code.

Perused the F.I.R.

Learned counsel for the petitioners submitted that the informant and his henchman forcefully and illegally occupying the forest land and felling trees to gratify illegal gains and when the petitioners, who are the local villagers opposed to the same, the case has been foisted. It is further submitted that there are no such materials against the petitioners so as to attract the ingredients of the offence under section 307 of the Indian Penal Code and the allegations are omnibus in nature and therefore, the anticipatory bail application of the petitioners may be favourably considered.

Learned counsel for the State opposed the prayer for anticipatory bail.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners and the background of the case, 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 bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) each with two

// 3 // 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 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.

RKM ( S.K. Sahoo) Judge