Partly allowed¶23

Dharani Barik @ Dharanidhar Barik v. State of Odisha

Orissa HC11 Mar 2024ABLAPL/268/2024

Case brief

AI extract

What is this about?

ABLAPL No.268 of 2024, High Court of Orissa at Cuttack, Justice Chittaranjan Dash, order dated 11.03.2024; anticipatory bail S.438 Cr.P.C.; offences Ss.147/149/294/307/341/506 IPC; Nayakote P.S. Case No.122 of 2023; G.R. Case No.1019 of 2023; J.M.F.C. Keonjhar; conditional bail direction on surrender within three weeks with Rs.1,500/- deposit for Petitioner No.1; anticipatory bail rejected for Petitioner No.2 due to direct material; disposition partly allowed/disposed.

What did the court decide?

Conditional protection for Petitioner No.1 only: on surrender and motion for bail within three weeks in connection with Nayakote P.S. Case No.122 of 2023, he is to be admitted to bail on terms fixed by the trial court subject to deposit of Rs.1,500/-; anticipatory bail rejected for Petitioner No.2; ABLAPL disposed of accordingly. ¶23

Dharani Barik @ Dharanidhar Barik Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the Petitioners (Dharani Barik @ Dharanidhar Barik and Keshab Barik) in connection with Nayakote P.S. Case No.122 of 2023 / G.R. Case No.1019 of 2023.

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Court's answer

The Court was not inclined to grant anticipatory bail simpliciter, considering the submission of learned counsel, nature of allegations, circumstances, and the seriousness and gravity of the offences.

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Ratio / Principle

If Petitioner No.1, Dharani Barik @ Dharanidhar Barik, surrenders and moves for bail in connection with Nayakote P.S. Case No.122 of 2023 within three weeks, he shall be admitted to bail on terms deemed just and proper by that court, subject to deposit of Rs.1,500/-.

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Key takeaways

Anticipatory bail was rejected for Petitioner No.2, Keshab Barik, because there is direct material attributed against him and it was not desirable to grant him anticipatory bail.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail under S.438 Cr.P.C. sought by two petitioners in Nayakote P.S. Case No.122 of 2023 (G.R. Case No.1019 of 2023) for offences under Ss.147/149/294/307/341/506 IPC arising from an incident of 28.12.2023 in which the petitioners allegedly abused and assaulted the informant's family members. The High Court declined blanket anticipatory bail given the seriousness and gravity of the offences, but directed that Petitioner No.1 (Dharani Barik @ Dharanidhar Barik), if he surrendered and moved for bail within three weeks, be admitted to bail on appropriate terms subject to a deposit of Rs.1,500/-. Anticipatory bail was expressly rejected for Petitioner No.2 (Keshab Barik), direct material being attributed against him. Application disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.268 of 2024

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Dharani Barik @ Dharanidhar Barik and another

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…. Petitioners

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Mr. P.S. Das, Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. D. Biswal, ASC

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CORAM:

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JUSTICE CHITTARANJAN DASH

ORDER

Order No.

11.03.2024

Heard the learned counsel for the Petitioners and the State.

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By means of this application, the Petitioners seek grant of bail U/s.438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences U/s.147/149/294/307/341/506 of IPC in connection with Nayakote P.S. Case No.122 of 2023 corresponding to G.R. Case No.1019 of 2023 pending in the court of the learned J.M.F.C., (Cog.Taking), Keonjhar.

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As reveals from the F.I.R. on 28.12.2023 at about 6.00 p.m. the Petitioners being their neighbours abused the father of the Informant in obscene languages and assaulted his family members by means of wooden planks and lathies for which his sister in law and her husband received injuries on their person.

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Considering the submission of the learned counsel for the Petitioner, nature of allegations, the circumstances appearing, the

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seriousness and gravity of the offences, while this Court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner No.1, namely, Dharani Barik @ Dharanidhar Barik surrenders and moves for bail in connection to the aforesaid Nayakote P.S Case No.122 of 2023 within a period of three weeks hence, he shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court subject to deposit of Rs.1,500/- (rupees one thousand five hundred).

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Keeping in view the nature of allegation against the Petitioner No.2, namely, Keshab Barik, there is direct material attributed against him and as such, it is not desirable for this Court to grant anticipatory bail to the Petitioner No.2, which is accordingly rejected.

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6.The ABLAPL is disposed of accordingly.

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(Chittaranjan Dash)

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Judge

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KC Bisoi

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Signature Not Verified

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Digitally Signed Signed by: KRUSHNA CHANDRA BISOI Designation: Secretary Reason: Authentication Location: orissa high court Date: 13-Mar-2024 12:03:08

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Dharani Barik @ Dharanidhar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dharani Barik @ Dharanidhar Barik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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