Partly allowed

Bulan Mahanty @ Debi Prasad Mohanty v. State of Odisha

Orissa HC12 Aug 2024ABLAPL/8070/2024

Case brief

AI extract

What is this about?

The High Court of Orissa declined pre-arrest bail but granted conditional release upon surrender within four weeks and deposit of security, subject to verification of criminal antecedents. The order was automatically revoked if antecedents exceeded two similar cases.

What did the court decide?

Pre-arrest bail denied; conditional bail granted upon surrender within four weeks with Rs. 4,000 security deposit, subject to antecedent verification.

Bulan Mahanty @ Debi Prasad Mohanty Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8070 of 2024

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Bulan Mahanty @ Debi Prasad ..... Petitioner Mohanty

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Represented By Adv. - Adhiraj Mohanty

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – Samresh Jena, A.S.C.

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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 Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

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The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Jajpur Road P.S. Case No.426 of 2024, correspondence to C.T. Case No.1307 of 2024, pending in the court of learned J.M.F.C., Jajpur Road for alleged commission of offence punishable under Section 115(2)/126(2)/296/3(5)/308(3)/351(2)/351(3) B.N.S., 2023.

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner

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Page 1 of 2.

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surrenders before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event it is found by the learned court below that the Petitioner is having more than two similar criminal antecedents, then this order shall automatically stand revoked.

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It is further directed that the anticipatory bail granted to the Petitioner is subject to depositing a cash security of Rs.4,000/(Rupees four thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

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6. Accordingly, the ABLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( Aditya Kumar Mohapatra)

Judge

Rubi

Page 2 of 2.

Signature Not Verified

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Aug-2024 19:47:48

Bulan Mahanty @ Debi Prasad Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bulan Mahanty @ Debi Prasad Mohanty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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