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Kuni Bidhar Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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Orissa HC
2023
Kuni Bidhar Vs State of OdishaKuni Bidhar v. State of Odisha

Disposed

Kuni Bidhar v. State of Odisha

Orissa HC24 Nov 2023ABLAPL/13811/2023

Case brief

AI extract

What is this about?

The High Court of Orissa disposed of an application for anticipatory bail where the court was not inclined to grant bail. Instead, it granted liberty to the petitioners to surrender within a week to seek bail in the related case, to be released on terms the lower court deems fit.

What did the court decide?

Liberty to surrender before the court below within a week and move for bail, to be released on terms as the lower court deems fit.

What the court decided

AI extract

Outcome

Liberty to surrender before the court below within a week and move for bail, to be released on terms as the lower court deems fit.

Issue for consideration

Whether the petitioners may be granted liberty to surrender for bail given the nature of accusations, without granting anticipatory bail. +2 more

Detailed headnote1 paragraphs

The High Court declined to grant anticipatory bail to the petitioners facing allegations under IPC sections 379, 341, 294 and 34. However, in consideration of the nature of accusations, liberty was granted to the petitioners to surrender before the trial court within a week from receipt of the certified copy of this order to move for regular bail. Upon surrender, they shall be released on such terms and conditions as the court below may deem fit.

A compact analysis

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.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 13811 of 2023

Kuni Bidhar and another

…. Petitioners

Mr. B.B. Routray, Advocate

-Versus -

State of Odisha

…. Opposite Party

Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

24.11.2023

Order No. 01.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioners and learned counsel for the State.

The petitioners are apprehending arrest in connection with Baghamari P.S. Case No. 197 of 2023 corresponding to G.R. Case No. 1263 of 2023 pending in the court of learned S.D.J.M., Khurda for the alleged offence under Sections 379/341/294/34 of IPC.

Having regard to the nature of accusations and the materials on record, while not being inclined to grant anticipatory bail to the petitioners, the ABLAPL is disposed of granting liberty to the petitioners to surrender before the court below within a week from the date of receipt of certified copy of this order and to move for bail. In such event, they shall be released on

Page 1 of 2

bail on such terms and condition as the court below may deem fit and proper to impose.

The ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( Sashikanta Mishra) Judge

B.C. Tudu

Signature Not Verified

Digitally Signed Signed by: BHIGAL CHANDRA TUDU Reason: Authentication Location: Orissa High Court, Cutt ack Date: 28-Nov-2023 11:16:11

Page 2 of 2

Issues for consideration

3 issues framed by the court

AI extract

1.
Whether the petitioners may be granted liberty to surrender for bail given the nature of accusations, without granting anticipatory bail.
2.
How the Anti-Terrorism/Local Police Act contemplates disposal of a case when anticipatory bail is declined but surrender is permitted.
3.
Whether liberty to move for bail can be granted instead of anticipatory bail in a regular bail matter.

Parties & counsel

AI extract

petitioner
Kuni Bidhar and another
respondent
State of Odisha

Coram

AI extract

Sashikanta Mishra

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 24 Nov 2023 · November
Registered: 22 Nov 2023
Case no.: ABLAPL/13811/2023
CNR: ODHC010942032023
Topic: Anticipatory Bail
Bench: Sashikanta Mishra
Disposal: Disposed Off

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Cite this judgement

Kuni Bidhar v. State of Odisha, ABLAPL/13811/2023 (OD), decided on 24 November 2023.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Bench / Coram

Sashikanta Mishra

Parties & counsel