Kshetish Kumar Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Kshetish Kumar Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail refused; petitioner permitted to surrender and obtain regular bail before learned J.M.F.C., Chandikhol in C.T.Case No.2011 of 2024 (arising out of Dharmasala P.S.Case No.646 of 2024) within three weeks, on Magistrate-determined terms, subject to verification of injury and criminal antecedents; order ineffective if injuries grievous or antecedents exist; violation entails cancellation of bail.

Issue for consideration

Whether anticipatory bail under Section 482 BNSS, 2023 should be granted to the petitioner accused in offences punishable under Sections 296, 351(3), 308(4), 109(1), 332(C), 3(5) of BNS 2023 read with Sections 25, 27 of Arms Act.

Court's answer

Court is not inclined to grant anticipatory bail to the petitioner, considering the seriousness of the allegation, gravity of the offence and the fact of the case.

Ratio / Principle

Conditional direction: if the petitioner surrenders and moves for bail before the learned J.M.F.C., Chandikhol in C.T.Case No.2011 of 2024 arising out of Dharmasala P.S.Case No.646 of 2024 within three weeks, he shall be released on bail on terms and conditions the learned Magistrate deems just and proper.

Key takeaways

Release is subject to verification of injury and criminal antecedents.ratio¶19
If the injuries sustained by the injured are grievous in nature or the petitioner has any criminal antecedent, this order shall not be given effect to.ratio¶19
Violation of conditions shall entail cancellation of bail.ratio

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL No.9625 of 2024) under Section 482 BNSS, 2023 before the High Court of Orissa at Cuttack (Justice Aditya Kumar Mohapatra; decision 06.09.2024) for Kshetish Kumar Nayak, charged in offences punishable under Sections 296, 351(3), 308(4), 109(1), 332(C), 3(5) of BNS 2023 read with Sections 25, 27 of Arms Act (pending as C.T.Case No.2011 of 2024 arising out of Dharmasala P.S.Case No.646 of 2024 before J.M.F.C., Chandikhol). Direct grant of anticipatory bail refused on account of seriousness of allegations and gravity of offence; instead, petitioner may surrender and seek bail before the learned J.M.F.C., Chandikhol within three weeks, to be released on bail on terms fixed by the Magistrate, subject to verification of injury and criminal antecedents; order rendered ineffective if the injured person's injuries are grievous or the petitioner has criminal antecedents; breach of conditions attracts cancellation of bail. Application disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9625 of 2024

Kshetish Kumar Nayak ..... Petitioner

Represented By Adv. - Amrita Mishra

-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 296, 351(3),308(4), 109(1), 332(C), 3(5) of BNS 2023 read with Section 25, 27 of Arms Act.

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

Page 1 of 2 .

surrenders and moves for bail before the learned J.M.F.C., Chandikhol in C.T.Case No.2011 of 2024 arising out of Dharmasala P.S.Case No.646 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, subject to verification of injury and criminal antecedents. In the event the injuries sustained by the injured is grievous in nature and the Petitioner is having any criminal antecedent, 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 17:37:30