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

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

What the court decided

AI extract

Outcome

Direct anticipatory/pre-arrest bail denied; instead, a conditional surrender arrangement was directed: on the Petitioner surrendering within four weeks and applying for bail, the trial court (J.M.F.C(Rural), Balasore) is to release him on bail subject to verification of criminal antecedents (automatic revocation if similar antecedents are found) and to cooperation with the investigation/appearance before the I.O., breach inviting cancellation of bail.

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 for offences punishable under Sections 294/34/384/420/506 I.P.C.

Court's answer

Pre-arrest bail is refused, considering the nature of allegation, gravity of offence and the fact of the case.

Ratio / Principle

Protective direction: if the Petitioner surrenders before the competent court within four weeks and moves a bail application, that court shall release him on bail on terms it deems just and proper in the facts and circumstances of the case.

Key takeaways

Release is subject to verification of criminal antecedents; if the learned court below finds the Petitioner to have similar criminal antecedents, this order shall automatically stand revoked.ratio¶18
Further condition of release: the Petitioner must cooperate with the investigation and appear before the I.O. whenever his presence is required; violation of any such condition shall entail cancellation of the bail.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail — S.438 Cr.P.C. — High Court of Orissa, ABLAPL No.2482 of 2024 (Justice Aditya Kumar Mohapatra, 04.07.2024): Pre-arrest bail sought by Ashok Kumar Khandelwal in Gopalpur P.S. Case No.0042 of 2024 arising out of C.T. Case No.133 of 2024 (J.M.F.C(Rural), Balasore) for offences punishable under Sections 294/34/384/420/506 I.P.C. was declined in view of the nature of allegation and gravity of offence. The Court, however, directed that if the Petitioner surrenders within four weeks and files a bail application, the court in seisin shall release him on bail on terms deemed just and proper, subject to (i) verification of his criminal antecedents, with automatic revocation of this order should the court below find similar criminal antecedents, and (ii) cooperation with the investigation and appearance before the I.O. as required, violation entailing cancellation of bail. Application disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.2482 of 2024

Ashok Kumar 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