Susama Baral Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Susama Baral Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail declined; however, the Petitioner was permitted to surrender and move for bail before the learned J.M.F.C., Pipili in G.R.Case No.691 of 2024 within three weeks, whereupon he shall be released on bail on terms deemed just by the Magistrate, subject to verification of injury and criminal antecedent, and subject to the order being inoperative if the injuries are grievous or similar antecedents exist.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 BNSS, 2023 in respect of offences punishable under Sections 126(2), 115(2), 118(1), 109, 296, 351(2), 3(5) of BNS 2023.

Court's answer

Having regard to the seriousness of the allegation, gravity of the offence and the fact of the case, the Court was not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

If the Petitioner surrenders and moves for bail before the learned J.M.F.C., Pipili in G.R.Case No.691 of 2024 arising out of Pipili P.S.Case No.391 of 2024 within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to verification of injury and criminal antecedent.

Key takeaways

The protective direction shall not be given effect to if the injuries sustained by the injured are grievous in nature or the Petitioner has criminal antecedents of a similar nature; violation of conditions shall entail cancellation of bail.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail - S.482 BNSS, 2023 - offences punishable under Ss.126(2), 115(2), 118(1), 109, 296, 351(2), 3(5) BNS 2023 - anticipatory bail declined considering seriousness of allegation and gravity of offence - however, petitioner permitted to surrender and move for regular bail before learned J.M.F.C., Pipili in G.R.Case No.691 of 2024 (Pipili P.S.Case No.391 of 2024) within three weeks, with liberty to be released on bail on terms deemed just by the Magistrate - direction subject to verification of injury and criminal antecedent - order inoperative if injuries are grievous or petitioner has similar criminal antecedents - violation entails cancellation of bail.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.10130 of 2024

Susama Baral

..... Petitioner

Represented By Adv. - Saroj Kumar Padhi

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.M.R.Mishra, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.09.2024

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 126(2), 115(2), 118(1), 109, 296, 351(2), 3(5) of BNS 2023.

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 surrender and move for bail before the learned J.M.F.C.,

Page 1 of 2.

Pipili in G.R.Case No.691 of 2024 arising out of Pipili P.S.Case No.391 of 2024 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, but subject to the verification of injury and criminal antecedent. In the event the injuries sustained by the injured are grievous in nature and that the Petitioner is having any criminal antecedents of similar nature, this order shall not be given effect to. 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

Signature Not Verified Page 2 of 2. Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 25-Sep-2024 14:07:22