Hrushikesh Bhoi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Hrushikesh Bhoi Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Direct anticipatory bail withheld; conditional arrangement granted instead — upon surrender before the learned S.D.J.M., Bhubaneswar in C.T. Case No.1186 of 2024 within three weeks, the Petitioners shall be released on bail on terms fixed by the learned Magistrate, subject to verification of criminal antecedent, failing which (similar antecedents existing) the order shall not be given effect.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioners under Section 482 of BNSS, 2023 for offences punishable under Sections 140(3), 296, 115(2), 303(2) and 351(2)(3)(5) BNS, 2023 in connection with Bhubaneswar Capital P.S. Case No.347 of 2024.

Court's answer

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court was not inclined to grant anticipatory bail directly to the Petitioners.

Ratio / Principle

Conditional surrender directive: if the Petitioners surrender and seek bail before the learned S.D.J.M., Bhubaneswar in C.T. Case No.1186 of 2024 within three weeks, they shall be released on bail on terms and conditions deemed just and proper by the learned Magistrate.

Key takeaways

The release-on-surrender benefit is subject to verification of criminal antecedent and shall not take effect if the Petitioners are found to have criminal antecedents of a similar nature.ratio¶19

Detailed headnote1 paragraphs

Anticipatory bail application under Section 482 of BNSS, 2023 (ABLAPL No.8763 of 2024, High Court of Orissa at Cuttack, Justice Aditya Kumar Mohapatra, decided 27.08.2024) filed by Hrushikesh Bhoi and Badal Bhoi, implicated in offences punishable under Sections 140(3), 296, 115(2), 303(2) and 351(2)(3)(5) BNS, 2023 in the case pending before the S.D.J.M., Bhubaneswar as C.T. Case No.1186 of 2024 arising out of Bhubaneswar Capital P.S. Case No.347 of 2024. Counsel stated that Akash Bhoi, son of Petitioner No.1, is the principal accused, that the Petitioners were allegedly implicated by the principal accused's relatives, that the F.I.R. records no overt act by them, and that they have no criminal antecedent. Weighing the seriousness of the allegation and gravity of the offence, the Court declined direct anticipatory bail but ordered that, if the Petitioners surrendered before the learned S.D.J.M., Bhubaneswar within three weeks, they would be released on bail on the Magistrate's terms, subject to verification of criminal antecedent; any similar antecedents would render the order ineffective. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.8763 of 2024

1) Hrushikesh Bhoi

..... Petitioners

Badal Bhoi Represented By Adv. - Surya Narayan Mishra

-versus-

State Of Odisha

..... Opposite Parties Represented By Adv. -

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

27.08.2024

Order No.

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

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

This is an application under Section 482 of BNSS, 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 140(3), 296, 115(2), 303(2), 351(2)(3)(5) BNS, 2023.

It is stated by the learned counsel for the Petitioner that one Akash Bhoi, who happens to be the son of the present Petitioner No.1, is the principal accused in the present case. He also contended that the Petitioners have been implicated by the relatives of the principal accused. It is also contended that there is no

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allegation of any overt act by the Petitioners, in the F.I.R. He also contended that the Petitioners do not have any criminal antecedent. He also contended that since the Petitioners belong to the locality, there is no chance of their absconding. On such ground, the Petitioners be granted anticipatory bail.

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 Petitioners however it is observed that, in the event the Petitioners surrender and move for bail before the learned S.D.J.M., Bhubaneswar in C.T.Case No.1186 of 2024 arising out of Bhubaneswar Capital P.S.Case No.347 of 2024 within a period of three weeks from today, they 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 Petitioners are having any criminal antecedents of similar nature, this order shall not be given effect to.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per

Rules.

( ADITYA KUMAR MOHAPATRA)

JUDGE

RKS

Signature Not Verified Page 2 of 2 .

Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 29-Aug-2024 10:50:30