Shreyash Khandelwal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Shreyash Khandelwal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; however, the court directed that upon surrender within four weeks and application for bail, the court in seisin shall release the Petitioner on bail on just terms, subject to verification of criminal antecedents (automatic revocation if similar antecedents are found) and cooperation with the investigation/appearance before the I.O.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail under Section 438 Cr.P.C. in connection with Gopalpur P.S. Case No.0042 of 2024 / C.T. Case No.133 of 2024 involving alleged offences punishable under Sections 294/34/384/420/506 IPC.

Court's answer

Pre-arrest bail is refused to the Petitioner in view of the nature of allegation, gravity of offence and the facts of the case.

Ratio / Principle

If the Petitioner surrenders before the court in seisin within four weeks and moves an application for bail, that court shall release him on bail in connection with the said case on such terms and conditions as it deems just and proper.

Key takeaways

The release direction is subject to verification of the Petitioner's criminal antecedents; if the learned court below finds the Petitioner has similar criminal antecedents, this order automatically stands revoked.ratio¶19
Release is further conditioned on the Petitioner cooperating with the investigation and appearing before the I.O. as and when required; violation of any such condition shall entail cancellation of the bail.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail (S.438 Cr.P.C.) sought by Shreyash Khandelwal in Gopalpur P.S. Case No.0042 of 2024 arising out of C.T. Case No.133 of 2024, pending before the learned J.M.F.C(Rural), Balasore, for alleged offences punishable under Sections 294/34/384/420/506 IPC. Pre-arrest bail was declined in view of the nature of allegation and gravity of offence; however, the High Court directed that if the Petitioner surrenders before the court in seisin within four weeks and moves for bail, he shall be released on bail on such terms as that court deems just, subject to (i) verification of his criminal antecedents, with automatic revocation of the order if similar antecedents are found, and (ii) cooperation with the investigation and appearance before the I.O., failing which the bail shall stand cancelled. The ABLAPL was accordingly disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2481 of 2024

Shreyash Khandelwal

..... Petitioner

Represented By Adv. - Devashis Panda

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – D.Nayak, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

04.07.2024

Order No.

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

Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the Opposite PartyState.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Gopalpur P.S. Case No.0042 of 2024 arising out of C.T. Case No.133 of 2024, pending in the court of learned J.M.F.C(Rural), Balasore, for alleged commission of offence punishable under Section 294/34/384/420/506 of the I.P.C.

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 Petitioner. However, it is directed that in the event the Petitioner

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surrenders before the Court in seisin over the matter within a period of four weeks from today and move 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, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the learned court below that the Petitioner is having similar criminal antecedent, then this order shall automatically stand revoked.

Further, the release of the petitioner shall also be subject to the condition that he shall cooperate with the investigation and appear before the I.O. as and when his presence is required. Violation of any of such conditions shall entail cancellation of the bail application.

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

( Aditya Kumar Mohapatra) Judge

Rubi

Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 09-Jul-2024 10:49:29