Disposed¶16

Mangulu Bisoyi v. State of Odisha

Orissa HC12 Aug 2024ABLAPL/5533/2024

Case brief

AI extract

What is this about?

ABLAPL No.5533 of 2024; High Court of Orissa at Cuttack; Aditya Kumar Mohapatra, J.; 12.08.2024; anticipatory bail; Section 438 Cr.P.C.; Sections 341, 323, 294, 37, 506/34 IPC; Buguda P.S. Case No.20 of 2023; G.R. Case No.44 of 2023; J.M.F.C. Saroda; conditional bail on surrender within three weeks; verification of criminal antecedents; State of Odisha (Mr. M.K. Mohanty ASC); advocate Santosh Kumar for petitioners; disposed.

What did the court decide?

Conditional bail: the petitioners are to surrender before the learned J.M.F.C., Saroda in G.R. Case No.44 of 2023 arising out of Buguda P.S. Case No.20 of 2023 within three weeks and will then be released on bail on terms fixed by the Magistrate, subject to verification of criminal antecedents; anticipatory bail itself was not granted, and the order falls away if similar antecedents are found.

Mangulu Bisoyi 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 four petitioners facing charges under Sections 341, 323, 294, 37 and 506/34 of the Indian Penal Code.

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Court's answer

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court was not inclined to grant anticipatory bail to the petitioners.

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Ratio / Principle

Conditional relief substituted for anticipatory bail: if the petitioners surrender and apply for bail before the learned J.M.F.C., Saroda in G.R. Case No.44 of 2023 arising out of Buguda P.S. Case No.20 of 2023 within three weeks, they shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to verification of criminal antecedents.

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Key takeaways

The conditional order shall not be given effect to if any petitioner is found to have criminal antecedents of a similar nature.ratio¶15

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.5533 of 2024, High Court of Orissa at Cuttack, Judge Aditya Kumar Mohapatra, decided 12.08.2024) under Section 438 Cr.P.C. by Mangulu Bisoyi, Murali Bisoyi, Dillip Bisoyi@dilli Bisoyi and Rajendra Bisoyi Mahanty for offences punishable under Sections 341, 323, 294, 37 and 506/34 IPC arising out of Buguda P.S. Case No.20 of 2023 (G.R. Case No.44 of 2023, J.M.F.C., Saroda). Counsel urged false implication and absence of criminal antecedents. Declining outright anticipatory bail in view of the seriousness of the allegation and gravity of the offence, the Judge granted a conditional route to bail: on surrender before the learned Magistrate within three weeks the petitioners would be released on bail on terms deemed just and proper, subject to verification of criminal antecedents; if antecedents of a similar nature surfaced, the order would not be given effect to. ABLAPL disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.5533 of 2024

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1) Mangulu Bisoyi ..... Petitioners 2) Murali Bisoyi Represented By Adv. - 3) Dillip Bisoyi@dilli Bisoyi Santosh Kumar 4) Rajendra Bisoyi Mahanty

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-versus-

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State Of Odisha ..... Opposite Parties Represented By Adv. – Mr.M.K.Mohanty ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

12.08.2024

Order No.

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

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Heard learned counsel for the Petitioners as well as learned Additional Standing Counsel for the State. Perused the records.

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This is an application under Section 438, Cr.P.C. filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 341, 323,294,37, 506/34 of the Indian Penal Code.

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It is submitted by the learned counsel for the Petitioners that the Petitioners have been falsely implicated in the present case. He also contended that the Petitioners do not have any criminal antecedents.

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Page 1 of 2 .

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Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioners however it is observed that, in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Saroda in G.R.Case No.44 of 2023 arising out of Buguda P.S. Case No.20 of 2023 within a period of three weeks from today, they shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to the verification of criminal antecedents. In the event it is found that the Petitioner is having any criminal antecedents of similar nature, this order shall not be given effect to.

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The ABLAPL is disposed of accordingly.

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Issue urgent certified copy of this order as per

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Rules.

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( ADITYA KUMAR MOHAPATRA) JUDGE

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RKS

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Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 14-Aug-2024 17:36:48

Mangulu Bisoyi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mangulu Bisoyi 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

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Procedural history

Parties & counsel

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