Disposed

Bhimasen Dehuri v. State of Odisha

Orissa HC10 Sept 2024ABLAPL/9705/2024

Case brief

AI extract

What is this about?

The court declined pre-arrest bail under Section 438 Cr.P.C. considering the nature of allegations and gravity of offences, but directed that on surrender before the court in seisin within three weeks, the petitioners be released on bail with conditions: cash security of Rs.2,000 each deposited in an interest-bearing nationalised bank account till trial's conclusion, cooperation with investigation, attendance on all dates, fortnightly police station appearance for four months, and abstention from the informant company's land. Violation entails cancellation.

What did the court decide?

Pre-arrest bail declined; direction to trial court to release petitioners on bail upon surrender within three weeks, on terms including Rs.2,000 cash security each and other conditions.

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

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9705 of 2024

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Bhimasen Dehuri and others

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..... Petitioners

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Represented By Adv. - Laxmidhar Mahapatra

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-versus-

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State Of Odisha

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..... Opposite Party

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Represented By Adv. – S.S.Mohapatra, A.S.C.

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CORAM:

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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).

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

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The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Chandaka P.S. Case No.220/2024, corresponding to G.R Case No.1145/2024, pending in the court of learned J.M.F.C.(O), Bhubaneswar, for alleged commission of offences punishable under Sections 341,323,294,379,307,506,34 I.P.C.

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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

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Page 1 of 3.

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police. Learned counsel for the petitioners further submitted that the 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.

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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.

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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.

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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.

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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

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Page 2 of 3.

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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:-

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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.

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

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

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

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

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

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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) Judge

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Rubi

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Signature Not Verified

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

Bhimasen Dehuri v. State of Odisha

Case brief

What is this about?

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Bhimasen Dehuri v. State of Odisha

Case brief

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