Tuna @ Manoranjan Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Tuna @ Manoranjan Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

No grant or reconsideration of anticipatory bail; application disposed of with the observation that a surrender-based plea for release on bail before the court in seisin will be considered on its own merit and disposed of during the first hour, enabling same-day approach to the next higher forum (disposal in course of the day if necessity arises) unless a legal impediment stands; case record to be made available at the Petitioner's cost.

Issue for consideration

Whether the Petitioner's second (renewed) prayer under Section-438 Cr.P.C. for grant of anticipatory bail, in connection with Bhandaripokhari P.S. Case No. 261 of 2020 / G.R. Case No. 2413 of 2020 (SDJM, Bhadrak) alleging I.P.C. offences 341/354-A/354-B/376/511/506 and 34, should be reconsidered and granted.

Ratio / Principle

Taking into account the submissions, materials placed and surrounding circumstances, this Court was not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner; the ABLAPL application therefore stands disposed of without grant of anticipatory bail.

Key takeaways

Observation accompanying the disposal: in the event the Petitioner surrenders before the Court in seisin of the case and moves for his release on bail, that plea shall be considered on its own merit and disposed of during the first hour in accordance with law, so as to enable the Petitioner to approach the next higher forum during the second half of the day and secure disposal in course of the day if necessity arises, unless any legal impediment stands.ratio¶17
Ancillary directive supporting the surrender pathway: the case record be made available at the cost of the Petitioner.obiter¶20

Detailed headnote1 paragraphs

Orissa High Court, Cuttack — ABLAPL 2657/2024, Order No. 02 dated 08.05.2024, Justice D. Dash: second (renewed) application under Section-438 Cr.P.C. by Tuna @ Manoranjan Nayak for anticipatory bail in connection with Bhandaripokhari P.S. Case No. 261 of 2020 corresponding to G.R. Case No. 2413 of 2020 pending before the SDJM, Bhadrak, alleging offences under I.P.C. sections 341/354-A/354-B/376/511/506 and 34. Counsel: Abakash Nanda (petitioner); S.N. Das, ASC (State). Having heard both sides and weighed the materials and surrounding circumstances, the Court was not inclined to reconsider the anticipatory-bail prayer and disposed of the ABLAPL, appending the observation that if the Petitioner surrenders before the court in seisin of the case and moves for release on bail, that plea shall be considered on its own merit and disposed of during the first hour, so as to enable him to approach the next higher forum during the second half of the day, with disposal in course of the day if necessity arises, unless any legal impediment stands; the case record was directed to be made available at the Petitioner's cost. Anticipatory bail: not granted. Disposition: disposed.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.2657 OF 2024

Tuna @ Manoranjan Nayak …. Petitioner

Represented By Adv. -Mr.Abakash Nanda.

-versus-

1) State of Odisha, …. Opposite Parties,

Tulasirani Nayak

Mr. S.N. Das, ASC.

CORAM:

MR. JUSTICE D. DASH ORDER

Order No.

08.05.2024

This matter is taken up through hybrid mode.

This is the second journey of the Petitioner in filing this application under Section-438 of the Cr.P.C. for grant of bail in the event of his arrest in connection with Bhandaripokhari P.S. Case No. 261 of 2020 corresponding to G.R, Case No. 2413 of 2020 pending in the Court of the Learned SDJM, Bhadrak for alleged commission of offence under sections 341/354-A/354-B/376/511/ 506 and 34 of the I.P.C for his release on bail in the above mentioned case.

Heard learned Counsels for the Petitioner and learned counsel for the State.

Considering the submissions made and on going through the materials as placed as also taking into account the surrounding circumstances, while being not inclined to reconsider the prayer for grant of anticipatory bail to the Petitioner; this application stands disposed of with an observation that in the event the Petitioner surrenders before the Court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit and disposed of during the first hour in accordance with

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law so as to enable the Petitioner to approach the next higher forum during the second half of the day and disposal in course of the day, in case necessity so arises unless there stands any legal impediment.

The case record be made available at the cost of the Petitioner.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan

Signature Not Verified

Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 13-May-2024 19:03:13

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