Antarjami Meher Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Antarjami Meher Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Pre-arrest bail declined, but the Petitioner is permitted to surrender within four weeks and apply for bail, whereupon the Court in seisin shall release him on bail subject to verification of criminal antecedents (automatic revocation if more than one antecedent is found) and deposit of Rs.3,000/- cash security kept in an interest-bearing nationalized bank account renewable till conclusion of trial.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail under Section 482 of B.N.S.S. in connection with Rengali P.S. Case No.148 of 2024 / G.R. Case No.1790 of 2024 for alleged commission of offence punishable under Section 303 (2) of B.N.S.

Court's answer

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

Ratio / Principle

However, if the Petitioner surrenders before the Court in seisin over the matter within four weeks and moves an application for bail, that Court shall release him on bail in connection with the aforesaid case on such terms and conditions as it deems just and proper.

Key takeaways

The conditional release is subject to verification of the Petitioner's criminal antecedents; if the learned court below finds that the Petitioner has more than one criminal antecedent, this order shall automatically stand revoked.ratio¶19
The anticipatory bail granted is further made subject to depositing a cash security of Rs.3,000/- before the learned Court in seisin, to be kept in a nationalized bank in an interest-bearing account initially for one year, renewable from time to time till conclusion of trial, and abide by the final outcome of the trial.ratio¶20

Detailed headnote1 paragraphs

Pre-arrest bail under Section 482 of B.N.S.S. sought in connection with Rengali P.S. Case No.148 of 2024 / G.R. Case No.1790 of 2024 (S.D.J.M., Sambalpur) for alleged offence punishable under Section 303 (2) of B.N.S. was declined by the High Court of Orissa considering the nature of allegation, gravity of offence and facts of the case. However, the Court directed that if the Petitioner surrenders before the Court in seisin within four weeks and moves a bail application, he shall be released on bail on such terms as deemed just and proper, subject to verification of his criminal antecedents — the order standing automatically revoked if more than one criminal antecedent is found — and subject to deposit of a cash security of Rs.3,000/- to be kept in an interest-bearing account in a nationalized bank, initially for one year and renewable till conclusion of trial. Application disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8518 of 2024

Antarjami Meher

..... Petitioner

Represented By Adv. - Dibya Prakash 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 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Rengali P.S. Case No.148 of 2024, corresponding to G.R. Case No.1790 of 2024, pending in the court of learned S.D.J.M., Sambalpur, for alleged commission of offence punishable under Section 303 (2) of B.N.S.

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

Page 1 of 2.

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 one criminal antecedent, then this order shall automatically stand revoked.

It is further directed that the anticipatory bail granted to the Petitioner is subject to depositing a cash security of Rs.3,000/(Rupees three 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.

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 13:32:12