Disposed¶4

Jayashree Biswal v. State of Odisha

Orissa HC5 Apr 2024ABLAPL/749/2024

Case brief

AI extract

What is this about?

ABLAPL No.749 of 2024; anticipatory bail S.438 Cr.P.C.; IPC Ss.341/294/323/325/354/435/506/34; Gurudijhatia P.S. Case No.175 of 2022; C.T. Case No.662 of 2022; S.D.J.M. Athagarh; anticipatory bail not granted; conditional bail on surrender within three weeks; verification of criminal antecedents; deposit Rs.3000/- each petitioner; confirmation injuries simple; grievous injury vs swelling/bruise inconsistency; Justice Chittaranjan Dash; High Court of Orissa at Cuttack; decided 05.04.2024.

What did the court decide?

Anticipatory bail refused; however, Petitioners directed to be admitted to regular bail if they surrender before the learned S.D.J.M., Athagarh in C.T. Case No.662 of 2022 within three weeks, subject to verification of criminal antecedents, deposit of Rs.3000/- each, and confirmation that the injuries are simple. ¶4

Jayashree Biswal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioners are entitled to anticipatory bail under Section 438 Cr.P.C. in apprehension of arrest for their alleged involvement in the offences under Sections 341/294/323/325/354/435/506/34 IPC in Gurudijhatia P.S. Case No.175 of 2022 / C.T. Case No.662 of 2022.

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Court's answer

This court was not inclined to grant anticipatory bail to the Petitioners, considering the nature of the allegations, gravity of the offences and the facts and circumstances of the case.

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Ratio / Principle

In lieu of anticipatory bail, if the Petitioners surrender and move for bail before the learned S.D.J.M., Athagarh in C.T. Case No.662 of 2022 within three weeks, they shall be admitted to bail on such terms and conditions as would be deemed just and proper by that court.

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Key takeaways

Admission to bail is subject to verification of the criminal antecedents of the Petitioners, deposit of Rs.3000/- (Rupees Three Thousand) by each Petitioner, and confirmation that the injuries are simple.ratio¶4

Detailed headnote1 paragraphs

Anticipatory Bail — S.438 Cr.P.C. — High Court of Orissa declined outright anticipatory bail to Jayashree Biswal & Others, allegedly involved in offences under Ss.341/294/323/325/354/435/506/34 IPC (Gurudijhatia P.S. Case No.175 of 2022 / C.T. Case No.662 of 2022, pending before learned S.D.J.M., Athagarh), but directed that on surrender and appearance for bail before that court within three weeks the Petitioners shall be admitted to bail on terms deemed just by the said court — subject to verification of their criminal antecedents, deposit of Rs.3000/- by each Petitioner, and confirmation that the injuries are simple. Counsel had urged that the grievous-injury opinion on the injured's right arm was inconsistent with the recorded swelling and bruise injuries. Application disposed of accordingly. (Decided 05.04.2024 — Justice Chittaranjan Dash.)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.749 of 2024

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Jayashree Biswal & Others …. Petitioners

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Mr. Bikram Rath, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. Debasish Biswal, A.S.C.

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CORAM: JUSTICE CHITTARANJAN DASH

ORDER

Order No.

05.04.2024

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.341/294/323/325/354/435/506/34, IPC in connection with Gurudijhatia P.S. Case No.175 of 2022 corresponding to C.T. Case No.662 of 2022 pending in the court of the learned S.D.J.M., Athagarh.

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It is submitted by the learned counsel for the Petitioners that the injuries received by the injured on his right arm are opined to be grievous which is not in consonance with the injuries mentioned i.e. swelling and bruise injury.

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Keeping in view the aforesaid facts and submission and 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 Petitioners surrender and move for bail before the learned S.D.J.M.,

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Page 1 of 2

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Athagarh in C.T. Case No.662 of 2022 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 verification of the criminal antecedent of the Petitioners besides the further condition of depositing a sum of Rs.3000/(Rupees Three Thousand) by each of the Petitioners in the manner to be directed by the learned court subject to the confirmation that the injuries are simple. The ABLAPL is disposed of accordingly.

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S.K. Parida

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(Chittaranjan Dash)
Judge

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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: 06-Apr-2024 19:28:12

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Jayashree Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jayashree Biswal v. State of Odisha

Case brief

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