Bhimasen Dehuri Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Bhimasen Dehuri Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

ABLAPL disposed of: pre-arrest bail refused, but the Petitioners are to be released on bail by the court in seisin upon surrender within three weeks and filing of a bail application, subject to cash security of Rs.2,000/- each and the enumerated conditions.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail under Section 482 of B.N.S.S. in connection with Chandaka P.S. Case No.245/2024 (G.R Case No.1349/2024).

Court's answer

Pre-arrest bail is declined to the Petitioners, considering the nature of allegation, gravity of offence and the facts of the case.

Ratio / Principle

In the event the Petitioners surrender before the court in seisin within three weeks and move an application for bail, that court shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

Key takeaways

The bail is subject to each Petitioner depositing a cash security of Rs.2,000/- before the learned court in seisin, to be kept in a nationalized bank in an interest-bearing account initially for one year, renewable from time to time till conclusion of trial and abiding by the final outcome of the trial.ratio¶¶22
Release is further subject to conditions: cooperation with investigation and appearance before the I.O.; appearance before the trial court on every date fixed; no indulgence in similar criminal offences while on bail; appearance before the local police station once a fortnight for four months; and not coming to the land lawfully acquired by the informant's company. Violation of any condition shall entail cancellation of bail.ratio¶¶24

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of B.N.S.S. sought by Bhimasen Dehuri and others in connection with Chandaka P.S. Case No.245/2024, corresponding to G.R Case No.1349/2024, pending before learned J.M.F.C.(O), Bhubaneswar, for offences punishable under Sections 126(2)/ 296(a)/115(2)/ 308(4)/ 303(2)/l09/351(2)/3(5) BNS. Held: pre-arrest bail declined considering the nature of allegation, gravity of offence and the facts of the case; however, on surrender before the court in seisin within three weeks and moving a bail application, the Petitioners were directed to be released on bail on terms deemed just and proper, subject to deposit of cash security of Rs.2,000/- each (kept in a nationalized bank in an interest-bearing account initially for one year, renewable till conclusion of trial) and conditions including cooperation with investigation, appearance on all dates, abstention from similar offences, fortnightly police-station reporting for four months, and non-entry upon the land lawfully acquired by the informant's company; violation to entail cancellation of bail. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9703 of 2024

Bhimasen Dehuri and others

..... Petitioners

Represented By Adv. - Laxmidhar Mahapatra

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – M.R.Mishra, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.09.2024

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 482 of B.N.S.S. by the Petitioners seeking pre-arrest bail in connection with Chandaka P.S. Case No.245/2024, corresponding to G.R Case No.1349/2024, pending in the court of learned J.M.F.C.(O), Bhubaneswar, for alleged commission of offences punishable under Sections 126(2)/ 296(a)/115(2)/ 308(4)/ 303(2)/l09/351(2)/3(5) BNS. 4. It is stated by the learned counsel for the petitioners that the present petitioners have been falsely implicated at the instance of a Real Estate developer, He further submitted that false cases have been registered against the present petitioners at the instance of the police. Learned counsel for the petitioners further submitted that the

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injured has not sustained any grievous injury. He further submitted that although the petitioners are having some antecedents, however, they ready and willing to abide by any stringent terms and conditions in the event they are granted pre-arrest bail by this Court.

Learned counsel for the Informant on the other hand objected to the release of the petitioner on anticipatory bail on the ground that they have been harassing the informant and are not permitting either the informant or anyone from carrying on the construction work on the land which has been lawfully acquired by the informant’s company.

Learned counsel for the State on the hand objected to the release of the petitioner on pre-arrest bail on the ground that the petitioners are having several criminal antecedents.

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

It is further directed that the bail granted to the Petitioners is subject to depositing a cash security of Rs.2,000/- (Rupees two 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.

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The release of the petitioners shall also be subject to following conditions:-

I) shall cooperate with the investigation and appear before the I.O. as and when their presence is required and shall cooperate with the early conclusion of the investigation.

II) shall appear before the trial court on each and every date fixed without fail unless prevented by any sufficient cause.

III) shall not indulge in similar criminal offences while on bail.

IV) Shall appear before the local police station once in a fortnight for a period of four months.

V) Shall not come over to the land which has been lawfully acquired by the informant’s company.

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

Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper

application.

( Aditya Kumar Mohapatra) Judge

Rubi

Signature Not Verified

Digitally Signed Page 3 of 3. Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C uatt ack Date: 12-Sep-2024 13:30:01