Runu Sagaria Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Runu Sagaria Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail declined; instead, the Petitioner is permitted to surrender and move for bail before the learned J.M.F.C., Komna within four weeks, whereupon he shall be released on bail on terms deemed just and proper by the Magistrate, subject to the stated conditions (no similar offences while on bail, cooperation with investigation, attendance at trial on every posting, and no harassment/threat/terrorization of the informant or his family); violation of any condition shall entail cancellation of bail.

Issue for consideration

Whether the Petitioner, arraigned in Komna P.S. Case No.62 of 2023 for offences punishable under Sections 341/294/354/324/506 IPC, is entitled to anticipatory bail under Section 438 Cr.P.C.

Court's answer

In view of the seriousness of the allegation, gravity of the offence and the facts of the case, the court was not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

However, if the Petitioner surrenders and moves for bail before the learned J.M.F.C., Komna within a period of four weeks from the date of the order, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Key takeaways

The release on bail is made subject to conditions: (i) the Petitioner shall not indulge in similar type of offences while on bail; (ii) he shall cooperate with the investigation and appear before the Investigating Officer as and when required; (iii) he shall not default in attendance of the court during trial on each date of posting; (iv) he shall not harass, threaten, terrorize the informant and his family members in any manner; and violation of any condition shall entail cancellation of the bail.ratio¶21

Detailed headnote1 paragraphs

ANTICIPATORY BAIL — S.438 Cr.P.C. — Application by accused in Komna P.S. Case No.62 of 2023 (offences punishable under Sections 341/294/354/324/506 IPC) before the High Court of Orissa: considering the seriousness of the allegation, gravity of the offence and the facts of the case, anticipatory bail declined; however, the Petitioner was directed that in the event he surrenders and moves for bail before the learned J.M.F.C., Komna within four weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to conditions — (i) no indulgence in similar offences while on bail; (ii) cooperation with investigation and appearance before the Investigating Officer as and when required; (iii) no default in attendance during trial on each date of posting; (iv) no harassment, threat or terrorization of the informant and his family members; violation of any condition to entail cancellation of bail — ABLAPL disposed of accordingly (A.K. Mohapatra, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.241 of 2024

Runu Sagaria

.....

Petitioner

Represented By Adv. – Mr. S.K. Joshi

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr. M. Mishra, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.07.2024

Order No.

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

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 341/294/354/324/506 IPC of the Court of learned J.M.F.C., Komna arising out of Komna P.S. Case No.62 of 2023.

Considering the seriousness of the allegation, gravity of the offence and the facts 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 J.M.F.C., Komna within a period of four weeks from today, he shall be released on bail on such terms and

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conditions as the learned Magistrate may deem just and proper with further conditions that:-

I. shall not indulge in similar type of offences while on bail;

II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation;

III. shall not default in attendance of the court during trial on each date of posting; and

IV. petitioner shall not harass, threaten, terrorize the informant and its family members in any manner whatsoever.

Violation of any other conditions shall entail

cancellation of the bail application.

The ABLAPL is disposed of accordingly.

( A.K. Mohapatra)

Judge

Alok

Signature Not Verified

Digitally Signed Signed by: ALOK RANJAN SETHY Designation: A.R-cum-Sr. Secretary Reason: Authentication Location: ORISSA HIGH COURT Date: 25-Jul-2024 10:55:40

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