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Orissa High Court

Ramesh Pradhan And Others vs State Of Odisha .... Opposite Party on 28 February, 2024

                  IN THE HIGH COURT OF ORISSA AT CUTTACK
                                 ABLAPL No.1641 of 2024


            Ramesh Pradhan and Others             ....        Petitioners
                                   Mr. Ashok Kumar Pradhan, Advocate
                                    -versus-
            State of Odisha                       ....    Opposite Party
                               Mr. L. Samantaray, Addl. Govt. Advocate

            CORAM:
            THE CHIEF JUSTICE


                                        ORDER

Order No. 28.02.2024

01. This matter is taken up through Hybrid mode.

2. This application under Section 438 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') has been filed for grant of pre-arrest bail to the petitioners in connection with G.R Case No.04/2024 arising out of Bhanjanagar P.S. Case No. 04/2024, now pending in the Court of the learned SDJM, Bhanjanagar for commission of offence punishable under Sections 294/323/506/34 of the IPC.

3. Heard Mr. A.K. Pradhan, learned counsel for the petitioners and Mr. L. Samantaray, learned Addl. Govt. Advocate for the opposite party-State.

4. Briefly narrated, it is the prosecution's case that the villagers of Jamapalli were celebrating new year and they used sound box while dancing. When the informant opposed that, the accused persons used filthy language and assaulted him by means Page 1 of 2 of wooden plank and fist-blows, whereby the informant sustained injuries.

5. Keeping in mind the background in which the occurrence is said to have taken place and the circumstances too, in my opinion, a case is made out for grant of pre-arrest bail. Accordingly, the application is allowed.

6. Let the petitioners above named, in the event of their arrest/surrender within six weeks from today, in the Court below, be released on bail on furnishing bail bond of Rs.10,000/- (Rupees Ten Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned J.M.F.C., Ranpur in connection with Ranpur P.S. Case No. 150/1999 subject to the conditions laid down under Section 438(2) of the Cr.P.C. This is subject to the condition that the petitioners shall present themselves before the police/Court, as the case may be, as and when required and in the event of failure on his part to appear before the police/Court on two consecutive occasions, the bail bonds shall be liable to be cancelled.

Let an urgent certified copy of this order be issued as per rules.

(Chakradhari Sharan Singh) Chief Justice S.K. Jena/Secy.

Signature Not Verified Digitally Signed Signed by: SANJAY KUMAR JENA Designation: SECRETARY Page 2 of 2 Reason: Authentication

Location: High Court of Orissa, Cuttack. Date: 29-Feb-2024 15:55:05