Sikhar Sahoo@Sahu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Sikhar Sahoo@Sahu Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Direct pre-arrest bail refused; conditional relief substituted - the Petitioners to be released on bail if they surrender before the court in seisin within four weeks and apply for bail, subject to conditions of investigative cooperation, non-harassment of the informant and her family (violation entailing cancellation), and a cash security of Rs.3,000/- each kept in an interest-bearing nationalised bank account renewable till conclusion of trial.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 438 Cr.P.C. should be granted to the Petitioners in connection with Gadisagada (Jodapadar) P.S. Case No.144 of 2024 / G.R. Case No.313 of 2024 pending before J.M.F.C., Kanas, for offences alleged under Sections 294/427/448/323/324/354/34 I.P.C.

Court's answer

Pre-arrest bail is refused: taking into account the nature of the allegation, the gravity of the offence and the facts of the case, the Court is not inclined to grant pre-arrest bail.

Ratio / Principle

In lieu of pre-arrest bail, the Court directs that if the Petitioners surrender before the court seized of the matter within four weeks and move an application for bail, that court shall release them on bail on such terms and conditions as it deems just and proper.

Key takeaways

Release is conditioned on cooperation with the investigation, appearance before the Police Station when required by the I.O., and refraining from harassing, threatening or terrorising the informant and her family members; violation of any such condition shall entail cancellation of the bail.ratio¶20
Bail is further conditioned on each petitioner depositing a cash security of Rs.3,000/- with the court in seisin, to be kept in an interest-bearing account in a nationalised bank, initially for one year and renewable till conclusion of trial, subject to the final outcome of the trial.ratio¶21

Detailed headnote1 paragraphs

Anticipatory-bail (ABLAPL No.9566 of 2024) application under Section 438 Cr.P.C. moved by Sikhar Sahoo @ Sahu and others in connection with Gadisagada (Jodapadar) P.S. Case No.144 of 2024, corresponding to G.R. Case No.313 of 2024, pending before the learned J.M.F.C., Kanas, alleging offences punishable under Sections 294/427/448/323/324/354/34 I.P.C., disposed of on 05.09.2024 by the High Court of Orissa at Cuttack (Hon'ble Justice Aditya Kumar Mohapatra). Direct pre-arrest bail was refused, the Court not being inclined to grant it in view of the nature of the allegation and the gravity of the offence. Instead, the Court directed that if the Petitioners surrender before the court seized of the matter within four weeks and apply for bail, they shall be released on bail on such terms as that court deems just and proper, subject to: (i) cooperation with the investigation and appearance before the Police Station whenever required by the I.O.; (ii) abstention from harassing, threatening or terrorising the informant and her family members, violation whereof would entail cancellation of bail; and (iii) deposit by each petitioner of a cash security of Rs.3,000/- with the court, to be kept in an interest-bearing account with a nationalised bank, initially for one year and renewable till conclusion of trial, subject to the final outcome of the trial.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9566 of 2024

Sikhar Sahoo@sahu and others

..... Petitioners

Represented By Adv. - Annanda Sankar Jena

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – Samresh Jena, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.09.2024

Order No.

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

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

The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Gadisagada (Jodapadar) P.S. Case No.144 of 2024, corresponding to G.R. Case No.313 of 2024, pending in the court of learned J.M.F.C., Kanas, for alleged commission of offences punishable under Sections 294/427/448/323/324/354/34 of the I.P.C.

Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period

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of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them 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.

Further, the release of the petitioners shall also be subject to the condition that they shall cooperate with the investigation and shall appear before the Police Station when required by I.O. and shall not harass, threaten or terrorise the informant and her family members. Violation of any of such conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioners is subject to depositing a cash security of Rs.3,000/- (Rupees three thousand) each 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.

7. Accordingly, the ABLAPL is disposed of.

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

( Aditya Kumar Mohapatra)

Judge

Rubi

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Signature Not Verified

Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 06-Sep-2024 19:10:41