Rakshyak Behera @ Rakshya Behera v. State of Odisha
BAIL (ANTICIPATORY) – REFUSED, CONDITIONAL POST-SURRENDER RELEASE DIRECTED
Case brief
What is this about?
Anticipatory bail (Section 438 Cr.P.C.) refused but conditional bail-on-surrender ordered; offences under Sections 420, 294(A), 34 IPC and Section 7 Lotteries (Regulation) Act; Bargarh Town P.S. Case No.394 of 2024; C.T. case No.1136 of 2024, S.D.J.M. Bargarh; surrender within four weeks; conditions: no similar offences, cooperation with investigation, trial attendance, cancellation on violation; cash security Rs.3,000/- in nationalised bank interest-bearing account renewable till conclusion of trial; High Court of Orissa at Cuttack; ABLAPL No.8015 of 2024; Justice Aditya Kumar Mohapatra; disposed 09.08.2024.
What did the court decide?
Conditional release on bail instead of direct anticipatory bail: Petitioner to surrender and move for bail before the learned S.D.J.M., Bargarh within four weeks, upon which he shall be released on bail on terms the Magistrate deems just and proper, subject to conduct conditions (no similar offences; cooperation with investigation and appearance before IO; attendance in court throughout trial; violation entailing cancellation) and deposit of cash security of Rs.3,000/- kept in an interest-bearing account in a Nationalized bank, initially for one year and renewable till conclusion of trial.