Premranjan Oram@Dilu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Premranjan Oram@Dilu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Direct anticipatory bail refused; instead, conditional release on bail if the Petitioner surrenders before J.M.F.C., Hemgiri (G.R. Case No.316 of 2024) within three weeks, subject to criminal-antecedent verification, conduct/co-operation/appearance conditions and furnishing a Rs.3,000 cash security; breach entails cancellation.

Issue for consideration

Whether anticipatory bail should be granted to Premranjan Oram@dilu under Section 482 BNSS, 2023 in respect of the offences alleged in Hemgiri P.S. Case No.322 of 2024 (G.R. Case No.316 of 2024).

Court's answer

Direct anticipatory bail was declined, considering the seriousness of the allegation, gravity of the offence and the facts of the case.

Ratio / Principle

Conditional directive: if the Petitioner surrenders and moves for bail before the J.M.F.C., Hemgiri in G.R. Case No.316 of 2024 (arising out of Hemgiri P.S. Case No.322 of 2024) within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper.

Key takeaways

The release directive is subject to verification of criminal antecedent; if the Petitioner has more than one criminal antecedent of similar nature, the order shall not be given effect to.ratio¶20
While on bail the Petitioner shall not indulge in similar offences, shall cooperate with the investigation and appear before the I.O. as and when required for investigation purposes.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.8637 of 2024, High Court of Orissa at Cuttack) under Section 482 BNSS, 2023 by Premranjan Oram@dilu, facing charges under Sections 296, 121(1), 126(2), 324(2), 324(4), 132, 109, 3(5) of BNS, 2023 in G.R. Case No.316 of 2024 arising out of Hemgiri P.S. Case No.322 of 2024 (J.M.F.C., Hemgiri). Considering the seriousness of the allegation and gravity of the offence, the Judge declined direct anticipatory bail but directed that if the Petitioner surrenders and seeks bail before the J.M.F.C., Hemgiri within three weeks, he be released on bail on terms deemed fit by the Magistrate - subject to verification of criminal antecedents (directive rendered ineffective if more than one similar antecedent), non-indulgence in similar offences, co-operation with investigation and appearances before the I.O. and trial court on every fixed date, and furnishing of Rs.3,000/- cash security to be kept in a Nationalised Bank interest-bearing account (initially one year, renewable till trial concludes); violation entails cancellation of bail. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8637 of 2024

Premranjan Oram@dilu

..... Petitioner

Represented By Adv. - Uma Shankar Patel

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

23.08.2024

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 482 BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296, 121(1), 126(2), 324(2), 324(4), 132, 109, 3(5) of BNS, 2023.

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

Page 1 of 2 .

J.M.F.C., Hemgiri, in G.R.Case No.316 of 2024 arising out of Hemgiri P.S.Case No.322 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 the Petitioner is having more than one criminal antecedent of similar nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the conditions that the Petitioner shall not indulge in similar nature of offence while on bail, shall cooperate with the investigation and shall appear before the I.O. as and when required for the purpose of investigation, shall appear before the trial court on each and every date fixed without fail. Additionally, the Petitioner shall furnish a cash security of Rs.3,000/(Rupees Three thousand) before the learned court in seisin over the matter, and 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: 27-Aug-2024 16:56:10