Alekha Kumar Biswal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Alekha Kumar Biswal Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail declined, but the Petitioner was permitted to surrender and move for bail before the learned court in seisin within four weeks, whereupon he is to be released on bail on terms deemed just and proper by the Magistrate, subject to conditions (non-harassment of informant, cooperation with investigation, trial attendance, fortnightly police-station reporting for four months), deposit of Rs.3,000/- cash security, and automatic revocation if he has more than three criminal antecedents. The ABLAPL was disposed of accordingly.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482, B.N.S.S. in connection with G.R. Case No.894 of 2024 (arising out of Kakatpur P.S. Case No.154 of 2024) for offences punishable under Sections 126(2), 115(2), 308(3) of BNS.

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 to the Petitioner.

Ratio / Principle

If the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within four weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper, subject to the further conditions imposed by the Court.

Key takeaways

Condition of bail: the Petitioner shall not harass, threaten or terrorize the informant and the informant's family members in any manner whatsoever.ratio¶21
Condition of bail: the Petitioner shall cooperate with the investigation and appear before the Investigating Officer as and when required.ratio¶22
Condition of bail: the Petitioner shall not default in attendance before the court during trial on each date of posting.ratio

Detailed headnote1 paragraphs

Anticipatory Bail — Application under Section 482, B.N.S.S. in a case involving offences punishable under Sections 126(2), 115(2), 308(3) of BNS (G.R. Case No.894 of 2024, J.M.F.C., Nimapara, arising out of Kakatpur P.S. Case No.154 of 2024) — Considering the seriousness of the allegation, gravity of the offence and the facts of the case, anticipatory bail refused; however, the petitioner was directed to be released on bail if he surrendered and moved for bail before the court in seisin within four weeks, on terms deemed just and proper by the Magistrate and subject to conditions: no harassment or threatening of the informant or his family; cooperation with investigation and appearance before the Investigating Officer; attendance on every trial date; appearance before the local Police Station once a fortnight for four months preferably on Sundays between 10.00 A.M. and 1 P.M.; deposit of cash security of Rs.3,000/- to be kept in a Nationalized bank in an interest-bearing account (initially one year, renewable till conclusion of trial) and abide by the final outcome of trial; violation of any condition to entail cancellation; bail further subject to verification of criminal antecedents, the order standing automatically revoked if the petitioner has more than three criminal antecedents — ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9292 of 2024

Alekha Kumar Biswal

.....

Petitioner

Represented By Adv. - Prasanta Kumar Panda

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Samaresh Jena, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.09.2024

Order No.

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

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 126(2), 115(2), 308(3) of BNS in G.R. Case No.894 of 2024 of the Court of learned J.M.F.C., Nimapara arising out of Kakatpur P.S. Case No.154 of 2024.

Considering the seriousness of the allegation, gravity of the offence and the facts 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 court in seisin over the matter within a period of four weeks from today, he shall be released on bail on such terms and conditions as the learned

Page 1 of 3 .

Magistrate may deem just and proper with further conditions that:-

I. shall not harass, threaten, terrorize the informant and family members of the Informant in any manner whatsoever;

II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation;

III. shall not default in attendance of the court during trial on each date of posting; and

IV. shall appear before the local Police Station once in a fortnight for a period of four months preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M.

Violation of any of the terms and conditions shall entail cancellation of the bail.

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

It is further directed that the bail granted to the petitioner is subject to verification of criminal antecedent. In the event, the Petitioner is having more than three criminal antecedents, then this order stands automatically revoked.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra)

Judge

Page 2 of 3 .

Anil

Page Signature Not Verified 3 of 3 . Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 03-Sep-2024 14:31:12