Partly allowed

Jayanti Jena v. State of Odisha

Orissa HC8 Apr 2024ABLAPL/617/2024

Case brief

AI extract

What is this about?

The High Court of Orissa partially allowed a petition for anticipatory bail (S. 438 Cr.P.C.) filed by multiple petitioners. Bail was granted for Petitioners 1-3 if they surrendered within three weeks but rejected for Petitioner 4 (Sarat Pradhan) as the principal accused due to the gravity of the allegations.

What did the court decide?

Bail granted to Petitioner Nos. 1, 2, & 3 subject to surrender within 3 weeks and depositing bond amounts of Rs. 1000/ (Nos. 1 & 2) and Rs. 3000/- (No. 3); prayer rejected for Petitioner No. 4.

Jayanti Jena Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.617 of 2024

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Jayanti Jena & Others …. Petitioners Mr. P.K. Mishra, Advocate

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-versus-

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State of Odisha

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…. Opposite Party Mr. Debasish Biswal, A.S.C.

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

08.04.2024

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.323/325/307/354-B/506/34, IPC in connection with Jodumu P.S. Case No.3 of 2024 corresponding to C.T. Case No.5 of 2024 pending in the court of the learned J.M.F.C., Narasinghpur.

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It is alleged as reveals from the F.I.R. that on 29.12.2023 the informant had lodged a complaint against one Sarat Pradhan (present Petitioner No.4) vide Jodumu P.S. Case No.136 of 2023. Being annoyed, the said Sarat Pradhan threatened the family members of the informant with dire consequences, for which another complaint was lodged by the informant at Jodumu P.S. It is alleged that on 05.01.2024 at about 5.30 PM while the husband of the informant was distributing food in a feast being arranged in the house of her neighbour, the present Petitioners along with other coaccused persons assaulted her husband by means of wooden plank

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and buckets. When the informant rushed to the spot to rescue her husband, all the accused persons assaulted her as well as her husband and made her naked. It is further alleged that the accused persons forcibly snatched away gold ornaments from the informant. The husband of the informant sustained bleeding injury on his head and was referred to SCB Medical, Cuttack for treatment.

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Considering the nature of the allegations, gravity of the offences and the facts and circumstances of the case, while this court is not inclined to grant anticipatory bail, it is directed that in the event the Petitioner Nos.1, 2 & 3 namely Jayanti Jena, Dulla Dehuri & Ekadasi Deburi surrender and move for bail before the learned J.M.F.C., Narasinghpur in C.T. Case No.5 of 2024 within a period of three weeks from today, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court but subject to further condition of depositing a sum of Rs.1000/- (Rupees One Thousand) each by Petitioner Nos.1 and 2 and Rs.3000/- (Rupees Three Thousand) by Petitioner No.3 in the manner to be directed by that court.

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So far as Petitioner No.4 – namely Sarat Pradhan is concerned, he being the principal accused and considering the nature of the allegation against him, seriousness and gravity of the offence and the facts and circumstances of the case, this Court is not inclined to grant him pre-arrest bail, and accordingly his prayer for bail is rejected.

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The ABLAPL is allowed in part and disposed of accordingly. Signature Not Verified

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Digitally Signed Signed by: SAMIR KUMAR PARIDA Designation: ADR-cum-ADDL. PRINCIPAL SECRETARY Reason: Authentic Copy Location: ORISSA HIGH COURT, CUTTACK Date: 10-Apr-2024 13:45:54

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(Chittaranjan Dash)

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Judge

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S.K. Parida

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Jayanti Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayanti Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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