Disposed

Babu @ Binod Barik @ Harijan v. State of Odisha

Orissa HC16 Aug 2024ABLAPL/8272/2024

Case brief

AI extract

What is this about?

Petitioner challenged arrest apprehension and sought pre-arrest bail in a case involving IPC offences relating to robbery and arms. Court declined pre-arrest bail but granted liberty to surrender within 21 days for bail consideration.

What did the court decide?

Liberty granted to surrender within 21 working days and move for bail; higher forum shall dispose of bailout application on same day strictly on materials on record.

Babu @ Binod Barik @ Harijan Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8272 of 2024

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Babu @ Binod Barik @ Harijan

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.....

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Petitioner

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Represented By Adv. – Mr. Arijeet Mishra

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr. P.C. Das, A.S.C.

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.08.2024

Order No.

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

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Heard learned counsel for the parties and perused the records.

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The Petitioner apprehending his arrest in Jeypore Sadar P.S. Case No.84 of 2024, corresponding to G.R. Case No.299 of 2024, pending on the file of learned S.D.J.M., Jeypore, registered for alleged commission of offences punishable under Sections 399/402 of the I.P.C. read with Section 25 of the Arms Act, has filed this petition for his release on pre-arrest bail.

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Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner.

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However, on the submission of the learned counsel for the Petitioner, the Petitioner is given liberty to surrender before the learned S.D.J.M., Jeypore in the aforesaid case in the first hour

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Page 1 of 1.

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within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record by maintaining the principles of parity, if applicable.

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Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

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The ABLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra)

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Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 19-Aug-2024 15:29:24

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Babu @ Binod Barik @ Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babu @ Binod Barik @ Harijan v. State of Odisha

Case brief

What is this about?

What did the court decide?

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