Partly allowed

Anil Kumar Mallick v. State of Odisha

Orissa HC19 Sept 2024ABLAPL/9149/2024

Case brief

AI extract

What is this about?

The High Court of Orissa refused to grant anticipatory bail to the petitioner apprehending arrest under the Bharatiya Nyaya Sanhita. However, it granted liberty to surrender within 21 days and seek bail from the lower court, directing the higher forum to consider the subsequent bail application on the same day if rejected.

What did the court decide?

Liberty granted to surrender within 21 days and seek bail; directions for expeditious hearing of bail applications.

Anil Kumar Mallick Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9149 of 2024

¶2

Anil Kumar Mallick

¶3

..... Petitioner

¶4

Represented By Adv. - Amlan Shakti Paul

¶5

-versus-

¶6

State Of Odisha

¶7

..... Opposite Party

¶8

Represented By Adv. – M.K.Mohanty, A.S.C.

¶9

CORAM:

¶10

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

Order No.

19.09.2024

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

¶15

Heard learned counsel for both the parties and perused the records.

¶16

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 115(2)/118(2)/296/3(5)/351(2)/85 of Bharatiya Nyaya Sanhita(BNS),2023 in G.R. Case No.649 of 2024 of the Court of the learned S.D.J.M., Khurda, arising out of Khurda P.S. Case No.295 of 2024.

¶17

Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner.

¶18

However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned S.D.J.M.,

¶19

Page 1 of 2.

¶20

Khurda in the aforesaid case in the first hour within 21 working days hence and moves for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

¶21

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

¶22

The ABLAPL is accordingly disposed of.

¶23

Issue urgent certified copy of the order as per Rules.

¶24

( A.K Mohapatra )

¶25

Judge

¶26

Rubi

¶27

Signature Not Verified

¶28

Digitally Signed Page 2 of 2. Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 19-Sep-2024 17:47:40

Anil Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anil Kumar Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Saroj Kumar Samal Vs State of Odisha

Chandrakanta Bagarty Vs State of Odisha

Prasanta Bhati Vs State of Odisha

Pratyush Kant Dash Vs State of Odisha

Kuna Jena Vs State of Odisha

Purna Chandra Mohanty Vs State of Odisha