THE INGREDIENTS OF THE OFFENCE UNDER SECTION 307 OF THE INDIAN PENAL CODE WERE NOT ATTRACTED AND THE PETITIONERS WERE ENTITLED TO ANTICIPATORY BAIL.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15545 of 2021

1. Sunil Pradhan

2. Ranjan Kumar Swain

….

Petitioners

Mr. S.K. Panda, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr. Arupananda Das,

Addl. Govt. Advocate

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

04.01.2022

01.

This matter is taken up through Hybrid

Arrangement (Video Conferencing/Physical Mode).

Heard learned counsel for the petitioners 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 Jenapur P.S. Case No.327 of 2021

corresponding to C.T. Case No.771 of 2021 pending in

the Court of learned S.D.J.M., Jajpur for alleged

commission

of

offences

under

sections

379/353/307/34 of the Indian Penal Code read with

section 21 of the Mines and Minerals (Development

and Regulation) Act, 1957.

Perused the FIR.

// 2 //

Page 2 of 3

Learned counsel for the petitioners submitted

that nobody has sustained any injury and the

ingredients of the offence under section 307 of the

Indian Penal Code are not attracted and in view of the

background

of

the

case,

the

anticipatory

bail

application of the petitioners may be favourably

considered.

Learned counsel for the State opposed the

prayer for anticipatory bail and placed the first

information report.

Considering the submissions made by 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 anticipatory

bail on furnishing bail bond of Rs.10,000/- (Rupees

ten thousand) each with two 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 any facts to the Courts or to the

Investigating Officer.

// 3 //

Page 3 of 3

Violation of any of the above conditions shall

entail cancellation of bail.

The ABLAPL is accordingly disposed of.

Urgent certified copy of this order be granted on

proper application.

RKM

( S.K. Sahoo)

Judge