Emergency application for anticipatory bail for nine petitioners in a criminal case involving sections of IPC, Arms Act, and Explosive Substances Act. The High Court granted bail upon furnishing a bond of Rs. 10,000 each with one surety.
Release on anticipatory bail on furnishing bail bond of Rs. 10,000 each with one surety each, subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 774 of 2020
1. Arjun Kumar Swain
2. Amit Kumar Swain
3. Madhab Pradhan
4. Papu Swain
5. Tapan Kumar Pradhan
6. Mantu Swain
7. Alok Kumar Pradhan
8. Sunil Kumar Pradhan
9. Pratap Chandra Swain ……. Petitioners -Vrs.State of Odisha ……. Opp. Party
This matter is taken up through video
conferencing.
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Brahmagiri P.S. Case No. 143 of 2019 corresponding to G.R. Case No. 1745 of 2019 pending in the Court of learned S.D.J.M., Puri for alleged commission of offences under sections 147/148/341/ 323/294/427/506/307/149 of the Indian Penal Code read with section 25 of the Arms Act and also sections 3 and 4 of Explosive Substances Act, 1908.
Learned counsel for the State has produced the case diary and submitted that there are three injured persons in the case and they have sustained simple injuries.
Learned counsel for the petitioners submitted that the allegation against the petitioners are omnibus in
nature.
Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the nature of injuries sustained by the injured persons 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 one surety 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.
Urgent certified copy of this order is granted on proper application.
S.K. Sahoo, J.
p
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in connection with the alleged offences?
4 provisions across 4 enactments
Arjun Kumar Swain
Amit Kumar Swain
Madhab Pradhan
Papu Swain
Tapan Kumar Pradhan
Mantu Swain
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
