Rashmiranjan Tripathy Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

Rashmiranjan Tripathy Vs State of Odisha — Cheating and Forgery | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail refused, but conditional direction issued: upon surrender before the court in seisin within four weeks and filing of a bail application, release on bail subject to verification of criminal antecedents (order revoking automatically if similar antecedents are found) and furnishing property security of Rs.1,00,000/-.

Issue for consideration

Whether the Petitioner should be granted pre-arrest (anticipatory) bail under Section 438 Cr.P.C. in connection with Kalinganagar (Duburi) P.S. Case No.172/2024 / C.T. Case No.1386/2024.

Court's answer

Pre-arrest bail is refused to the Petitioner, considering the nature of allegation, gravity of offence and the facts of the case.

Ratio / Principle

If the Petitioner surrenders before the court in seisin within four weeks and moves a bail application, that court shall release him on bail on such terms and conditions as it deems just and proper.

Key takeaways

The conditional release direction is subject to verification of the Petitioner's criminal antecedents, and the order shall automatically stand revoked if the learned court below finds the Petitioner has similar criminal antecedents.ratio¶19
As an additional condition, the Petitioner shall furnish property security of Rs.1,00,000/- (Rupees One Lakh).ratio¶19

Detailed headnote1 paragraphs

Anticipatory Bail - Application under Section 438 Cr.P.C. in connection with Kalinganagar (Duburi) P.S. Case No.172/2024 / C.T. Case No.1386/2024 pending before J.M.F.C., Jajpur, for offences under Sections 420/465/468 I.P.C. - Pre-arrest bail refused in view of the nature of allegation and gravity of offence - However, court directed that if the Petitioner surrenders within four weeks and applies for bail, the court in seisin shall release him on bail on such terms as it deems just, subject to verification of criminal antecedents, failing which the order automatically stands revoked - Petitioner additionally to furnish property security of Rs.1,00,000/- (Rupees One Lakh) - ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8507 of 2024

Rashmiranjan Tripathy

..... Petitioner

Represented By Adv. - Arijeet Mishra

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – M.R.Mishra, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

22.08.2024

Order No.

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

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

The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Kalinganagar (Duburi) P.S. Case. No.172/2024 corresponding to C.T. Case No.1386/2024, pending in the court of learned J.M.F.C., Jajpur, for alleged commission of offence punishable under Section 420/465/468 of I.P.C.

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 surrenders before the Court in seisin over the matter within a period

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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 similar criminal antecedent, then this order shall automatically stand revoked. In addition, petitioner shall furnish a property security of Rs.1,00,000/-(Rupees One Lakh).

Accordingly, the ABLAPL is disposed of.

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

( Aditya Kumar Mohapatra)

Judge

Rubi

Signature Not Verified Page 2 of 2. Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 27-Aug-2024 13:32:11