Arup Kumar Ray v. State of Odisha
Anticipatory bail application (S.438, Cr.P.C.) – ABLAPL No.2479 of 2024
Case brief
What is this about?
High Court of Orissa at Cuttack, ABLAPL No.2479 of 2024, decided 04.07.2024 by Justice Aditya Kumar Mohapatra: anticipatory-bail application under Section 438 Cr.P.C. by Arup Kumar Ray, Avijit Dinda and Aniruddha Sahu concerning Gopalpur P.S. Case No.0042 of 2024 / C.T. Case No.133 of 2024 (alleged offences under Sections 294/34/384/420/506 IPC, pending before J.M.F.C.(Rural), Balasore) was refused; surrender within four weeks was ordered, with post-surrender release on bail conditional on criminal-antecedent verification (auto-revocation if similar antecedents found), cooperation with the investigation and reporting to the I.O.; violation entails cancellation. Counsel: Pankaj Khandelwal for Petitioners; D.Nayak, A.G.A. for the State of Odisha.
What did the court decide?
Pre-arrest bail refused; instead, the Petitioners are to surrender within four weeks and apply for bail, whereupon the Court in seisin shall release them on bail subject to verification of criminal antecedents (the order automatically standing revoked if similar antecedents are found by the learned court below) and subject to cooperation with the investigation and appearance before the I.O., violation of any such condition entailing cancellation of the bail application.