Kartik Mohanty @ Raju v. State of Odisha
Case brief
What is this about?
Anticipatory bail application ABLAPL 3886/2024, High Court of Orissa at Cuttack, Justice Aditya Kumar Mohapatra, order dated 05.08.2024; petitioner Kartik Mohanty @ Raju (adv. Pravash Chandra Jena) apprehending arrest under Sections 498-A, 304-B, 302/34 IPC read with Section 4 of D.P. Act; underlying case C.T.Case No.536 of 2023 arising out of Bhograi P.S. Case No. 354 of 2023 pending before NGN-cum-J.M.F.C. Bhograi; surrender within 21 working days; first-hour bail consideration by Magistrate on materials on record; fallback to higher forum in second hour with same-day disposal and principles of parity; case diary to concerned courts; records to higher forum at petitioner's cost; application disposed of, not allowed or dismissed; State of Odisha represented by S.S.Mohapatra ASC.
What did the court decide?
Instead of granting or refusing anticipatory bail outright, the Court disposed of the ABLAPL by directing a surrender-and-bail protocol: liberty to surrender before the learned NGN-cum-J.M.F.C., Bhograi within 21 working days and move for bail, with assured first-hour consideration of the bail application by the learned Magistrate strictly on the materials on record; upon rejection, the Petitioner may move before the higher forum in the second hour, which shall dispose of the application the same day on the materials on record, maintaining the principles of parity, if applicable; Case Diary to be made available to the concerned courts and records transmissible to the higher forum at the Petitioner's cost.