Order No. 28.02.2023

02. 1. Heard learned counsel for the Petitioner and the State.

2. By means of this application, the Petitioner seeks grant of anticipatory bail U/s. 438 of Cr.P.C . in apprehension of arrest for his alleged involvement in the offences under Sections 147 / 148 / 341 / 323 / 324 / 325 / 307 / 385 / 149 of IPC corresponding to C.T Case No. 69 of 2023 arising out of Jakhapura P.S Case No. 07 of 2023 pending in the file of learned J.M.F.C, Jajpur Road, Jajpur.

3. It is alleged that one Pratima Brahma wife of Ramesh Chandra Brahma lodged a written report informing that his son Smrutiranjan @ Dilu Brahma while was discussing along with some persons in connection with his business matter in the office of M/s. Mamita Enterprises, about eighteen persons named in the FIR along with some unknown rushed inside the office and out of them Padu Mallick, Dipu Mallick, Rajua Mallick, Rabi Mallick and eight to ten others having held deadly weapons as well as petrol bomb assaulted her son to his head causing severe bleeding injury to him. Some among the miscreants pours Kerosene on Chintan Nayak who // 2 // managed to escape from the spot. It is further alleged that the miscreants demanded a sum of Rs. 50, 000, 00/- as to stop the work of M/s. Mamita Enterprises.

4. According to the Informant the above incident was under the instigation and influence of the present Petitioner and others. On the basis of the report lodged the police registered the case and took up investigation. While the investigation is in progress the Petitioner moves in the present seeking pre-arrest bail.

5. It is submitted by the learned counsel for the Petitioner that there is no overt act on the part of the present Petitioner in the alleged incident save and except to the extent that at the instigation of the present Petitioner, the incident took place.

6. Learned counsel for the State while did not produce the injury report in respect to the injured submitted that two criminal antecedents stand to the credit of the present Petitioner in connection with Jakhapura PS Case No. 76 of 2022 and 91 of 2018 alleging offences U/s. 341/294/323/506/34 of IPC and Section 341 / 452 / 294 / 323 / 506 / 34 of IPC.

7. Keeping in view the submission of the parties, the nature of allegations as emerged from the materials on record, the circumstances appearing, the seriousness and gravity of the offences, this court is not inclined to grant anticipatory bail to the Petitioner. Accordingly the prayer for bail stands rejected and the ABLAPL is dismissed.

(Chittaranjan Dash) Judge B.K Sahoo Page 2 of 2