The injury sustained by Sanjya Parida is grievous in nature as there has been
a fracture of the shaft radious (left side). However, it is seen from the record that the said
injured was given a push by Manoj Parida and assaulted by means of a lathi. So, there is over
t act of causing grievous hurt against the petitioner no.3-Manoj Parida. Hence, this Court is
not inclined to grant anticipatory bail to him. Accordingly, his bail application is rejected.
However, on the submission of the counsel, petitioner no.3 is given liberty to
surrender before the learned JMFC, Ranpur in the aforesaid case in the first hour within 21 w
orking days hence and move for bail. On such event, the learned magistrate shall consider his
application for bail in the first hour strictly on the basis of the materials on record. In ca
se of rejection of the bail application, the petitioner may move for bail before the higher fo
rum in the second hour. On such event, the higher forum shall consider and dispose of the bai
l application of the petitioner on the same day strictly on the basis of the materials on reco
rd. Case Diary be made available to the concerned court. Records be transmitted to the higher
forum at the cost of the petitioner no.3, if applied for. It is made clear that this Court has
not expressed any opinion on the merits of the case, so far as any future application under S
ection 439 Cr.P., that may be filed
