Ashish Kumar Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

Ashish Kumar Naik Vs State of Odisha — Orissa HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail denied to both Petitioners; conditional surrender-and-bail directions issued instead: Petitioner No.2 (Amit Naik) to be released on bail by the Court in seisin if he surrenders within four weeks and applies for bail; Petitioner No.1 (Ashish Kumar Naik) permitted to surrender before the learned J.M.F.C., Chhendipada in the first hour within 21 working days, with first-hour consideration of his bail application strictly on materials on record and, on rejection, a second-hour application before the higher forum to be disposed of the same day on materials on record maintaining parity, if applicable. Case Diary to be made available to the concerned courts; records to be transmitted to the higher forum at the cost of Petitioner No.1, if applied for; urgent certified copy of the order to be issued as per Rules.

Issue for consideration

Whether the Petitioners, who apprehend arrest in Bagdia P.S. Case No.266 of 2023 (corresponding to G.R. Case No.1409 of 2023) pending before the learned J.M.F.C., Chhendipada, for offences under Sections 341/427/323/325/307/506/34 IPC, should be released on pre-arrest bail.

Court's answer

Pre-arrest bail is refused to both Petitioners, considering the nature of allegation, gravity of offence and the fact of the case.

Ratio / Principle

It is directed that if Petitioner No.2 (Amit Naik) surrenders before the Court in seisin over the matter within four weeks from the date of the order and moves an application for bail, that Court shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case.

Key takeaways

Petitioner No.1 (Ashish Kumar Naik) is given liberty to surrender before the learned J.M.F.C., Chhendipada in the aforesaid case in the first hour within 21 working days and move for bail; on such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record.ratio¶23
In case of rejection of Petitioner No.1's bail application, he may move for bail before the higher forum in the second hour; the higher forum shall consider and dispose of the bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶23

Detailed headnote1 paragraphs

Anticipatory (pre-arrest) bail application (ABLAPL No.112 of 2024, High Court of Orissa at Cuttack, Aditya Kumar Mohapatra, J., order dated 18.07.2024) by Ashish Kumar Naik and Amit Naik, who apprehended arrest in Bagdia P.S. Case No.266 of 2023, corresponding to G.R. Case No.1409 of 2023, pending before the learned J.M.F.C., Chhendipada, registered for offences punishable under Sections-341/427/323/325/307/506/34 IPC. Considering the nature of allegation, gravity of offence and the facts of the case, the Court declined pre-arrest bail. Petitioner No.2 was directed that, upon surrender before the Court in seisin within four weeks and a bail application, that Court shall release him on bail on terms it deems just and proper. Petitioner No.1 was given liberty to surrender before the learned J.M.F.C., Chhendipada in the first hour within 21 working days; his bail application was to be considered in the first hour strictly on the materials on record and, if rejected, he could move the higher forum in the second hour, which was to dispose of the application the same day strictly on the materials on record, maintaining the principles of parity, if applicable. The Case Diary was to be made available to the concerned courts and records transmitted to the higher forum at Petitioner No.1's cost, if applied for. The ABLAPL was disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.112 of 2024

1) Ashish Kumar Naik

Amit Naik

.....

Petitioners

Represented By Adv. – Mr. Amit Kumar Nath

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr. Samaresh Jena, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

18.07.2024

Order No.

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

Heard learned counsel for both the parties and perused the records.

The Petitioners apprehending their arrest in Bagdia P.S Case No.266 of 2023, corresponding to G.R. Case No.1409 of 2023, pending on the file of learned J.M.F.C., Chhendipada, registered for alleged commission of offences punishable under Sections-341/427/ 323/325/307/506/34 of IPC, have filed this petition for their release on pre-arrest bail.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioners. However, it is directed that in the event the Petitioner No.2 surrenders before the Court in seisin over the matter within a

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period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case.

So far Petitioner No.1 is concerned, he is given liberty to surrender before the learned J.M.F.C., Chhendipada in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner No.1 may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner No.1 on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner No.1, if applied for.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of the order as per Rules.

( A.K. Mohapatra)

Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: OHC, CUTTACK. Date: 22-Jul-2024 10:16:04

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