Narendra Sahoo @ Nara Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Narendra Sahoo @ Nara Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail not granted; petitioner permitted to surrender before the learned S.D.J.M., Athagarh in 2(a) C.C.Case No.217 of 2024 within three weeks and obtain bail on terms the Magistrate deems just and proper, subject to verification of criminal antecedents and furnishing cash security of Rs.8,000/- kept in a Nationalised Bank interest-bearing account (initially one year, renewable till conclusion of trial); violation entails cancellation of bail.

Issue for consideration

Whether anticipatory bail under Section 438, Cr.P.C. should be granted to the petitioner for the offence punishable under Sections 52(a)(i) of the Odisha Excise Act, 2008.

Court's answer

Anticipatory bail is refused: considering the seriousness of the allegation, gravity of the offence and the fact of the case, the court is not inclined to grant anticipatory bail to the petitioner.

Ratio / Principle

If the petitioner surrenders and moves for bail before the learned S.D.J.M., Athagarh in 2(a) C.C.Case No.217 of 2024 within a period of three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Key takeaways

Release on bail is subject to verification of criminal antecedents; in the event the petitioner is found to have criminal antecedents of a similar nature, the concession does not avail him (consequence sentence truncated in source).ratio¶¶19
The petitioner shall furnish cash security of Rs.8,000/- before the court in seisin over the matter, to be kept in a Nationalised Bank in interest-bearing account initially for one year, renewable from time to time till conclusion of trial and abiding the final outcome of the trial; violation of conditions shall entail cancellation of bail.ratio¶¶19

Detailed headnote1 paragraphs

Anticipatory bail — S. 438, Cr.P.C. — offence punishable under Sections 52(a)(i), Odisha Excise Act, 2008, pending as 2(a) C.C.Case No.217 of 2024 before S.D.J.M., Athagarh — anticipatory bail declined having regard to seriousness of allegation, gravity of offence and facts of the case — petitioner permitted to surrender before the learned S.D.J.M., Athagarh within three weeks and apply for bail, to be released on such terms and conditions as the Magistrate deems just and proper — subject to verification of criminal antecedents — cash security of Rs.8,000/- to be furnished and kept in a Nationalised Bank interest-bearing account initially for one year, renewable till conclusion of trial, abiding final outcome of trial — violation of conditions entails cancellation of bail — ABLAPL disposed of accordingly (Justice Aditya Kumar Mohapatra, 21.08.2024).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8457 of 2024

Narendra Sahoo @ Nara ..... Petitioner

Represented By Adv. - Ipsit Aurobindo Acharya

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.M.K.Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

21.08.2024

Order No.

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

This is an application under Section 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 52(a)(i) of Odisha Excise Act, 2008.

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned

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S.D.J.M., Athagarh in 2(a) C.C.Case No.217 of 2024 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that Petitioner is having any criminal antecedents of similar nature. Additionally, the Petitioner shall furnish a cash security of Rs.8000/- (Rupees Eight thousand) before the learned court in seisin over the matter, which shall be kept in any Nationalised 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. Violation of conditions shall entail cancellation of bail.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 23-Aug-2024 10:53:20