Partly allowed

Bhimasena @ Umesh Chandra Sahu v. State of Odisha

Orissa HC3 Sept 2024ABLAPL/9488/2024

Case brief

AI extract

What is this about?

High Court at Cuttack considered a petition for anticipatory bail under Section 438 Cr.P.C. Regarding alleged preventive assault and malicious mischief. Petitioner was initially denied pre-arrest bail. The court stayed the order and directed surrender within three weeks for bail subject to conditions, including cash security.

What did the court decide?

Pre-arrest bail initially denied; surrender directed within three weeks for conditional bail subject to cash security of Rs.3,000 and antecedent verification.

Bhimasena @ Umesh Chandra Sahu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9488 of 2024

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Bhimasena @ Umesh Chandra ..... Petitioner Sahu

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Represented By Adv. – Mr. Asutosh Tripathy

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Mr. Samaresh Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

03.09.2024

Order No.

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

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Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the State-Opposite Party.

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The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Angul P.S. Case No.41 of 2021, corresponding to G.R. Case No.124 of 2021, pending in the court of learned S.D.J.M., Angul, for alleged commission of offences punishable under Sections 147/341/294/353/506/149 of LP.C.

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail

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Page 1 of 1.

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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 of three weeks from today and moves 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 court below that the Petitioner is having more than one criminal antecedent, then this order shall automatically stand revoked.

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Further, the release of the Petitioner shall also be subject to furnishing a cash security of Rs.3,000/- (Rupees three thousand) before the Court in seisin over the matter which shall be kept in interest bearing fixed deposit account in the name of the court in any nationalized bank and renewed from time to time till disposal of the case. The said deposit shall be subject to the final outcome of the trial.

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Accordingly, the ABLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( Aditya Kumar Mohapatra)

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Judge

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Signature Not Verified Debasis

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 04-Sep-2024 10:16:25

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Page 2 of 2.

Bhimasena @ Umesh Chandra Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhimasena @ Umesh Chandra Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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