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Bikash Kumar Sahoo Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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Orissa HC
2023
Bikash Kumar Sahoo Vs State of OdishaBikash Kumar Sahoo v. State of Odisha

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Bikash Kumar Sahoo v. State of Odisha

Orissa HC17 Nov 2023ABLAPL/7568/2023

Case brief

AI extract

What is this about?

The court disposed of an ABLAPL regarding apprehended arrest. Anticipatory bail was denied due to the nature of accusations. Liberty was granted to surrender and move for bail. If rejected, the matter could be taken to the higher forum on the same day.

What did the court decide?

Liberty to surrender before the court below and move for bail on the same day; records to be transmitted for higher forum appeal if bail is rejected.

What the court decided

AI extract

Outcome

Liberty to surrender before the court below and move for bail on the same day; records to be transmitted for higher forum appeal if bail is rejected.

Issue for consideration

Whether to grant anticipatory bail to the petitioner in the present case.

Detailed headnote1 paragraphs

The High Court of Orissa, while not inclined to grant anticipatory bail due to the nature of accusations, disposed of the ABLAPL by granting liberty to surrender to the lower court and seek regular bail. The record would be transmitted at the petitioner's cost to the higher forum for disposal on the same day if the lower court rejects the application.

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. 7568 of 2023

Bikash Kumar Sahoo

…. Petitioner

Mr. J.K. Mohanty, Advocate

-Versus -

State of Odisha

…. Opposite Party

Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

17.11.2023

Order No. 02.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and

learned counsel for the State.

The petitioner is apprehending arrest in connection with Rasol PS. Case no. 212 of 2022 corresponding to G.R. Case No. 666 of 2022 pending in the court of learned S.D.J.M., Hindol.

Having regard to the nature of accusations, the materials on record including the victim recorded under Section 164 of Cr.P.C., while not being inclined to grant anticipatory bail, the ABLAPL is disposed of granting liberty to the petitioner to surrender before the court below and to move for bail which shall be disposed of on the same day in the first hour. In case of rejection, it shall be open to the petitioner to move the higher forum on the same day, for which the records

Page 1 of 2

shall be transmitted at his cost. The higher forum shall also dispose of the bail application on the same day.

The ABALPL is accordingly 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: 21-Nov-2023 19:10:54

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether to grant anticipatory bail to the petitioner in the present case.

Statutes considered

1 provisions across 1 enactments

AI extract

Cr.P.C.164

Parties & counsel

AI extract

petitioner
Bikash Kumar Sahoo
respondent
State of Odisha

Coram

AI extract

Sashikanta Mishra
B.C. Tudu

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 17 Nov 2023 · November
Registered: 14 Jul 2023
Case no.: ABLAPL/7568/2023
CNR: ODHC010537742023
Topic: Anticipatory Bail
Bench: Sashikanta Mishra
Disposal: Disposed Off

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Cite this judgement

Bikash Kumar Sahoo v. State of Odisha, ABLAPL/7568/2023 (OD), decided on 17 November 2023.

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

Statutes1

Cr.P.C.164

View all statutes

Bench / Coram

Sashikanta Mishra and B.C. Tudu

Parties & counsel