Abani Kumar Baag Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Abani Kumar Baag Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail was not granted; instead, a conditional direction was given that the petitioner, if he surrenders and applies for bail before the learned SDJM, Bhubaneswar in Bhubaneswar Mahila PS Case No.287 of 2015 (CT Case No.4864 of 2015) within three weeks, shall be released on bail on terms deemed just and proper by that court.

Issue for consideration

Whether the petitioner, apprehending arrest in connection with Bhubaneswar Mahila PS Case No.287 of 2015 for alleged involvement in offences under Sections 498(A)/323/294/307/507 IPC read with Section 4 of the D.P. Act, should be granted anticipatory bail under Section 438 of the CrPC.

Court's answer

Considering the aforesaid backgrounds, this Court was not inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

It is directed that in the event the petitioner surrenders and moves for bail in connection with Bhubaneswar Mahila PS Case No.287 of 2015 (corresponding to CT Case No.4864 of 2015 pending before the learned SDJM, Bhubaneswar) within a period of three weeks hence, the petitioner shall be released on bail by the said court.

Key takeaways

Upon such surrender and application within three weeks, the petitioner shall be released on bail on such terms and conditions as would be deemed just and proper by the said court (the learned SDJM, Bhubaneswar).ratio¶¶19

Detailed headnote1 paragraphs

Criminal Law – Anticipatory Bail – S.438 CrPC – Refusal of direct anticipatory bail with conditional release direction. ABLAPL No.2149 of 2024 (High Court of Orissa at Cuttack, Chittaranjan Dash, J., Order dated 13.03.2024): The petitioner, apprehending arrest in Bhubaneswar Mahila PS Case No.287 of 2015 (CT Case No.4864 of 2015) for alleged offences U/s. 498(A)/323/294/307/507 IPC read with Section 4 of the D.P. Act, sought anticipatory bail. Background: a Family Court decree of divorce with alimony, confirmed on challenge in MATA No.46 of 2016 (disposed 16.05.2023), after which the petitioner deposited Rs.40,00,000/- vide Bank Draft No.873732 dated 28.08.2023 to set at rest the dissolution of the marriage; thereafter the wife pressed the criminal case initiated at her behest. The Court was not inclined to grant anticipatory bail, but directed that if the petitioner surrenders and moves for bail before the learned SDJM, Bhubaneswar within three weeks, he shall be released on bail on such terms and conditions as that court deems just and proper. The ABLAPL was disposed of accordingly.

Signature Not Verified

Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 14-Mar-2024 18:13:33

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.2149 of 2024

Abani Kumar Baag …. Petitioner

Mr. D. P. Dhal, Sr. Advocate

-versus-

…. State of Odisha Opp. Party Mr. S. Patra, ASC

CORAM: JUSTICE CHITTARANJAN DASH ORDER

Order No.

13.03.2024

Heard learned counsel for the Petitioner and the State.

By means of this application, the Petitioner seeks grant of bail U/s. 438 of CrPC in apprehension of arrest for his alleged involvement in the offences U/s. 498(A)/323/294/307/507 IPC read with Section 4 of the D.P. Act.

It is submitted by Mr. D. P. Dahal, learned Senior Advocate that pursuant to the matrimonial discord, the matter was before the learned Judge, Family Court where the learned court passed the decree for divorce with alimony which was challenged by the aggrieved husband before this Court in MATA No.46 of 2016. The said proceeding in MATA having been disposed of on 16.05.2023 wherein the order impugned was confirmed, the Petitioner deposited a sum of Rs.40,00,000/ - in favour of the

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Signature Not Verified

Digitally Signed Signed by: ANANTA KUMAR PRADHAN Reason: AuthenticationLocation: HIGH COURT OF ORIP SSAeti tioner-wife vide Bank Draft bearing No.873732 dated Date: 14-Mar-2024 18:13:33 28.08.2023 in order to set at rest the dissolution of the marriage. According to the learned counsel, subsequent to the payment of the said amount, now that the wife is insisting for the case that was initiated at her behest in connection with Bhubaneswar Mahila 287 of 2015 and as such there is apprehension of his arrest.

Considering the aforesaid backgrounds while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner surrenders and moves for bail in connection with Bhubaneswar Mahila PS Case No.287 of 2015 corresponding to CT Case No.4864 of 2015 pending before the learned SDJM, Bhubaneswar within a period of three weeks hence, the Petitioner shall be released on bail on such terms and conditions as would be deemed just and proper by the said court. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge

AKPradhan

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