Banamali Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Banamali Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Conditional relief only: on surrendering and moving for bail before the learned J.M.F.C. (City), Cuttack in G.R.Case No.614 of 2024 (arising out of Mangalabag P.S.Case No.216 of 2024) within three weeks, the Petitioner shall be released on bail on terms fixed by the Magistrate, subject to verification of injury and criminal antecedents; the order stands ineffective if the injuries are grievous or if the Petitioner has similar criminal antecedents; violation entails cancellation of bail.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be granted to Banamali Behera in respect of offences punishable under Sections 126(2), 115(2), 296, 351(3), 79 and 3(5) of the BNS, 2023.

Court's answer

Weighing the seriousness of the allegation, gravity of the offence and the fact of the case, the Court was not inclined to grant anticipatory bail to the Petitioner outright.

Ratio / Principle

Instead, the Court directed that if the Petitioner surrenders and moves for bail before the learned J.M.F.C. (City), Cuttack in G.R.Case No.614 of 2024 (arising out of Mangalabag P.S.Case No.216 of 2024) within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper, but subject to verification of injury and criminal antecedents.

Key takeaways

The conditional direction is subject to negative safeguards: it shall not be given effect to if the injuries sustained by the injured are grievous in nature or if the Petitioner has any criminal antecedent of a similar nature, and violation of the bail conditions shall entail cancellation of bail.ratio¶20

Detailed headnote1 paragraphs

Anticipatory Bail Application under Section 482 BNSS, 2023 - Offences alleged under Sections 126(2), 115(2), 296, 351(3), 79 and 3(5) of the BNS, 2023 - Anticipatory bail refused outright in view of seriousness of allegations and gravity of offence - Conditional direction issued: on surrender and application for bail before the learned J.M.F.C. (City), Cuttack in G.R.Case No.614 of 2024 (Mangalabag P.S.Case No.216 of 2024) within three weeks, petitioner to be released on bail on Magistrate-deemed terms, subject to verification of injury and criminal antecedents - Order ineffective if injuries grievous or petitioner has similar criminal antecedents - Violation of conditions to entail cancellation of bail - Application disposed of (Aditya Kumar Mohapatra, Judge, 06.09.2024).

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9618 of 2024

Banamali Behera

..... Petitioner

Represented By Adv. - Abinash Routray

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. –

Mr.M.R.Mishra, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.09.2024

Order No.

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

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

This is an application under Section 482 BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 126(2), 115(2), 296, 351(3), 79, 3(5) of the BNS, 2023.

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 Petitioner however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C.

Page 1 of 2 .

(City), Cuttack in G.R.Case No.614 of 2024 arising out of Mangalabag P.S.Case No.216 of 2024 within a period of three weeks from today, he 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 injury and criminal antecedents. In the event the injuries sustained by the injured are grievous in nature and that the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to. Violation of conditions shall entail cancellation of bail.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per

Rules.

( ADITYA KUMAR MOHAPATRA) JUDGE

RKS

Page Signature Not Verified 2 of 2 . Digitally Signed Signed by: RAMESH KUMAR SINGH Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2024 17:37:29