Mukesh Ojha Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Mukesh Ojha Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

No anticipatory bail granted; the Court directed that if the Petitioner surrenders and moves for bail before the learned Magistrate in seisin over G.R. Case No.124 of 2011 arising out of Dharmasala P.S. Case No.27 of 2011 within three weeks, he shall be released on bail on terms deemed just and proper, with cancellation on violation of conditions.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 BNSS, 2023 in respect of offences punishable under Sections 341, 323, 294, 37, 506/34 of the Indian Penal Code.

Court's answer

Anticipatory bail was declined: considering the seriousness of the allegation, gravity of the offence and the fact of the case, the Judge was not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

Operative direction: if the Petitioner surrenders and moves for bail before the learned court in seisin over G.R. Case No.124 of 2011 arising out of Dharmasala P.S. Case No.27 of 2011 within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper.

Key takeaways

Violation of the conditions of such bail shall entail its cancellation.ratio¶22

Detailed headnote1 paragraphs

Anticipatory Bail - Section 482 BNSS, 2023 - Application under S.482 BNSS, 2023 by petitioner seeking anticipatory bail for offences punishable under Sections 341, 323, 294, 37, 506/34 IPC connected with G.R. Case No.124 of 2011 (Dharmasala P.S. Case No.27 of 2011); occurrence alleged to be of 2011, petitioner claimed to have been a juvenile at the relevant time and without criminal antecedents. Considering the seriousness of the allegation and gravity of the offence, anticipatory bail was declined; however, the Court directed that if the petitioner surrenders and applies for bail before the court in seisin within three weeks, he shall be released on bail on terms fixed by the learned Magistrate, violation of conditions entailing cancellation. ABLAPL disposed of accordingly. (Single Bench: Justice Aditya Kumar Mohapatra; Order dated 20.09.2024.)

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10027 of 2024

Mukesh Ojha

..... Petitioner

Represented By Adv. - Kumar Prajwal

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.M.K.Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

20.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

This is an application under Section 482 BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341, 323, 294, 37, 506/34 of the Indian Penal Code.

It is stated by the learned counsel for the Petitioner that the alleged occurrence took place in the year 2011. He further contended that at the relevant point of time, the Petitioner was a juvenile. He further contended that the Petitioner does not have any criminal

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antecedents. He also contended that since the Petitioner belongs to the locality there is no chance of his absconding.

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter in G.R. Case No.124 of 2011 arising out of Dharmasala P.S.Case No.27 of 2011 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case.

Violation of conditions shall entail cancellation of

bail.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Page 2 of 2. Signature Not Verified Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 23-Sep-2024 17:35:22