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K. Sures @ Kerada Suresh Vs State of Odisha — Anticipatory Bail | Orissa HC (2023)

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Orissa HC
2023
K. Sures @ Kerada Suresh Vs State of OdishaK. Sures @ Kerada Suresh v. State of Odisha

Disposed

K. Sures @ Kerada Suresh v. State of Odisha

Orissa HC15 Nov 2023ABLAPL/8594/2023

Case brief

AI extract

What is this about?

This High Court disposed of an anticipatory bail petition. The judge declined to grant anticipatory bail due to the nature of accusations and the victim's statement. Instead, the petitioner was granted liberty to surrender within a week to the court below to move for regular bail.

What did the court decide?

Petitioner granted liberty to surrender within a week to the court below to move for bail; no anticipatory bail granted.

What the court decided

AI extract

Outcome

Petitioner granted liberty to surrender within a week to the court below to move for bail; no anticipatory bail granted.

Issue for consideration

Whether anticipatory bail should be granted to the petitioner apprehending arrest. +1 more

Detailed headnote1 paragraphs

The High Court declined to grant anticipatory bail to the petitioner in a gun case due to the severity of accusations and a strong victim statement under Section 164 Cr.P.C. However, the petitioner was granted liberty to surrender before the trial court within one week and move for regular bail, upon which he would be released on bail terms determined by the trial court.

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. 8594 of 2023

K. Sures@Kerada Suresh

…. Petitioner

Md. Riaz, Advocate

-Versus -

State of Odisha

…. Opposite Party Additional Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

15.11.2023

Order No. 02.

This matter is taken up through hybrid mode.

Learned counsel for the petitioner and learned counsel for the State.

The petitioner is apprehending arrest in connection with Gunupur P.S. Case No. 106 of 2023 corresponding to G.R. Case No. 294 of 2023 pending in the court of learned S.D.J.M., Gunupur

Having regard to the nature of accusations and the materials on record and in particular the statement of the victim recorded under Section 164 of Cr.P.C., while not being inclined to grant anticipatory bail to the petitioner, the ABLAPL is disposed of granting liberty to the petitioner 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, he

Page 1 of 2

shall be released on 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: 20-Nov-2023 11:21:33

Page 2 of 2

Issues for consideration

2 issues framed by the court

AI extract

1.
Whether anticipatory bail should be granted to the petitioner apprehending arrest.
2.
Whether the petitioner can be granted liberty to surrender and move for bail.

Statutes considered

1 provisions across 1 enactments

AI extract

Code of Criminal Procedure, 1973164

Parties & counsel

AI extract

petitioner
K. Sures@Kerada Suresh
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: 15 Nov 2023 · November
Registered: 10 Aug 2023
Case no.: ABLAPL/8594/2023
CNR: ODHC010624592023
Topic: Anticipatory Bail
Bench: Sashikanta Mishra
Disposal: Disposed Off

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Cite this judgement

K. Sures @ Kerada Suresh v. State of Odisha, ABLAPL/8594/2023 (OD), decided on 15 November 2023.

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

Statutes1

Code of Criminal Procedure, 1973164

View all statutes

Bench / Coram

Sashikanta Mishra and B.C. Tudu

Parties & counsel