IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 16600 of 2021

1. Tila Naik

2. Jitendra Naik

3. Habal Naik

4. Raidhar Naik

5. Bhima Bag

6. Upendra Naik

7. Kabi Naik

8. Labi Naik

9. Bhubani Naik

10. Bhima Bag

11. Piranti Naik

12. Satapathy Bag

13. Kabiraj Naik

14. Santosh Naik

15. Jagannath Naik

16. Dori Naik

17. Prasanta Naik

18. Adisan Naik

19. Sankari Naik

20. Somanath Bag

….

Petitioners

Mr.P.K. Nayak, Advocate

-versus-

State of Odisha

….

Opp. Party

Mr. A. Das

Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

Order No.

ORDER

24.01.2022

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Page 2 of 3

01.

This matter is taken up by video conferencing

mode.

Heard learned counsel for the petitioners and

learned counsel for the State.

This is an application under section 438 of

Cr.P.C. for grant of anticipatory bail to the petitioners

in connection with Kasipur P.S. Case No.119 of 2021

corresponding to G.R. Case No.448 of 2021 pending

in the Court of J.M.F.C., Kasipur for alleged commission

of

offences

under

sections

147/148/448/384/

294/336/337/431/307/149 of the Indian Penal Code read

with section 7 of the Ciminal Law (2^nd Amendment) Act,

1983.

Learned counsel for the petitioners submitted

that some of the co-accused have already been taken

into custody and they have been released on bail by

the learned Sessions Judge, Rayagada and the

injuries sustained by the injured persons are simple in

nature and therefore, the anticipatory bail application

of the petitioners may be favourably considered.

Learned counsel for the State on the other hand,

opposed the prayer for bail and submitted that it is an

attack on public servants who were on the duty.

In view of such submission, while not inclining to

grant anticipatory bail to the petitioners, it is directed

that in the event the petitioners surrender in the

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Page 3 of 3

Court below and move for bail within a period of four

weeks from today, the same shall be considered and

disposed of by the Courts below expeditiously and

while disposing of the bail application, the learned

Courts below shall consider the claim of parity with

the co-accused, who are stated to have been released

on bail, in accordance with law. The case records shall

be made available to the Court concerned.

The ABLAPL stands 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 7^th January 2022.

p

( S.K. Sahoo)

Judge