Aja Mahalik @ Ajay Mahalik @ Aja v. State of Odisha

Orissa HC15 Mar 2024ABLAPL/1240/2024

Case brief

AI extract

What is this about?

Anticipatory bail Section 438 CrPC refused; conditional bail on surrender and application within three weeks; alleged offences IPC 341/323/294/307/34; assault of informant's son on 25.01.2024; Basta P.S. Case No.18 of 2024; C.T. Case No.72 of 2024; J.M.F.C. Basta; criminal antecedent verification caveat; Rs.3,000 cash deposit condition; Justice Chittaranjan Dash; ABLAPL No.1240 of 2024; application disposed.

What did the court decide?

Application disposed without granting anticipatory bail; conditional assurance that on surrender and application for bail within three weeks the Petitioner will be admitted to bail on court-fixed terms subject to Rs.3,000 cash deposit, contingent on absence of adverse criminal antecedents. ¶¶22

Aja Mahalik @ Ajay Mahalik @ Aja Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the Petitioner in apprehension of arrest for his alleged involvement in offences under Sections 341/323/294/307/34 of IPC in connection with Basta P.S. Case No.18 of 2024.

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Court's answer

Anticipatory bail was not granted: considering the submission of the learned counsel for the Petitioner, the nature of allegations, the circumstances appearing, and the seriousness and gravity of the offences, the Court was not inclined to grant anticipatory bail.

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Ratio / Principle

Conditional directive in lieu of anticipatory bail: in the event the Petitioner surrenders and moves for bail in connection to Basta P.S Case No.18 of 2024 within a period of three weeks, he shall be admitted to bail on terms and conditions deemed just and proper by that court, subject to deposit of cash of Rs.3,000/- (rupees three thousand).

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Key takeaways

Antecedent-verification caveat: the court shall verify the criminal antecedent of the Petitioner; in case antecedent is noticed, this Court's order shall not be given effect to and the court shall be free to deal with the matter of bail according to its merit without further reference to this Court.ratio¶¶21

Detailed headnote1 paragraphs

Odisha HC at Cuttack (Justice Chittaranjan Dash), 15.03.2024 - ABLAPL No.1240 of 2024: anticipatory bail application under s.438 Cr.P.C. by Aja Mahalik @ Ajay Mahalik, in apprehension of arrest for alleged offences under ss.341/323/294/307/34 IPC arising from Basta P.S. Case No.18 of 2024 (corresponding C.T. Case No.72 of 2024, pending before J.M.F.C., Basta), based on an alleged brutal assault of the Informant's son on 25.01.2024 causing bleeding injury. Anticipatory bail was not granted in view of the nature of allegations, the circumstances appearing, and the seriousness and gravity of the offences. Instead, the Court directed that if the Petitioner surrenders and moves for bail within three weeks, he shall be admitted to bail on terms deemed just and proper by that court, subject to a cash deposit of Rs.3,000/-; further, the order would not operate if any adverse criminal antecedent of the Petitioner were noticed, in which case the lower court is free to deal with bail on its own merits.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.1240 of 2024

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Aja Mahalik @ Ajay Mahalik @ …. Petitioner Aja

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Mr. S.K. Bhanjadeo, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. S. Patra, ASC

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CORAM:

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JUSTICE CHITTARANJAN DASH

ORDER

Order No.

15.03.2024

Heard the learned counsel for the Petitioner and the State.

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By means of this application, the Petitioner seeks grant of bail U/s.438 Cr.P.C. in apprehension of arrest for his alleged involvement in the offences U/s.341/323/294/307/34 of IPC in connection with Basta P.S. Case No.18 of 2024 corresponding to C.T. Case No.72 of 2024 pending in the court of the learned J.M.F.C., Basta.

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It is alleged in the FIR that on 25.01.2024 at about 3.30 pm to 4 pm the Petitioner and co-accused persons brutally assaulted to the son of the Informant resulting he sustained bleeding injury on his body and treated at hospital.

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Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the seriousness and gravity of the offences, while this Court is not

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inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection to Basta P.S Case No.18 of 2024 within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court subject to deposit of cash of Rs.3,000/- (rupees three thousand).

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It is made clear that the court shall verify the criminal antecedent in respect to the Petitioner. In case antecedent is noticed, the order of this Court shall not be given effect to and the court shall be free to deal with matter of bail according to its merit without further reference to the present.

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The ABLAPL is disposed of accordingly.
(Chittaranjan Dash)
Judge
KC Bisoi

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Signature Not Verified

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Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 18-Mar-2024 17:37:40

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Aja Mahalik @ Ajay Mahalik @ Aja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Aja Mahalik @ Ajay Mahalik @ Aja v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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