In this anticipatory bail application, the High Court of Orissa directed the petitioners to surrender within four weeks for consideration of bail by the lower court, with records made available.
Directed petitioners to surrender within four weeks for bail consideration by the Court below; records made available.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.16218 of 2021
1. Dilu @ Dillip Kumar Palei
2. Nanda @ Bijun Majhi
3. Suji @ Ramakanta Naik
4. Bapu @ Subhransu Ranjan Moharana …. Petitioners
Mr. S.K. Baral, Advocate
-versus-
Order No.
State of Odisha …. Opp. Party
Mr. A.K. Beura,
Addl. Standing Counsel
Mr. Bhabani Shankar Rayaguru
(for informant)
CORAM:
JUSTICE S.K. SAHOO
ORDER
23.02.2022
This matter is taken up through Hybrid
arrangement (video conferencing/physical mode).
Heard learned counsel for the petitioners and learned counsel for the State as well as learned counsel for the informant.
This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Athagarh P.S. Case No.277 of 2021 corresponding to C.T. Case No.548 of 2021 pending in the court of learned S.D.J.M., Athagarh for alleged
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commission of offences under sections 341/294/323/ 325/427/506/436/34 of the Indian Penal Code.
Learned counsel for the petitioners submitted that no one has seen the petitioners setting fire to the house of the informant and on suspicion, the F.I.R. has been lodged. It is further submitted that due to previous dispute between the parties, the case has been foisted.
Learned counsel for the State opposed the prayer for bail.
Learned counsel for the informant submitted that at the first instance, the son of the informant was assaulted and when the matter was reported to the police station, the petitioners, who have got a number of criminal antecedents committed the overt act.
Considering the submissions made by the learned counsel for the petitioners, it is ordered that in the event the petitioners surrender and move for bail before the learned Court below within a period of four weeks from today, the same shall be considered in accordance with law expeditiously by the Courts below. The case records shall be made available to the Court concerned.
The ABLAPL stands disposed of.
Urgent certified copy of this order be granted on proper application.
( S.K. Sahoo) Judge
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1 issue framed by the court
Whether anticipatory bail should be granted in the connection with the Athagarh P.S. Case for alleged offences under sections 341/294/323/325/427/506/436/34 of IPC.
1 provisions across 1 enactments
Dilu @ Dillip Kumar Palei
Nanda @ Bijun Majhi
Suji @ Ramakanta Naik
Bapu @ Subhransu Ranjan Moharana
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
