Manoj Suna Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

Manoj Suna Vs State of Odisha — Anticipatory Bail | Orissa HC (2024)

What the court decided

AI extract

Outcome

Anticipatory bail not granted; however, on surrender and moving for bail before the learned S.D.J.M., Bargarh within four weeks, the Petitioner is to be released on bail on terms deemed just and proper by the Magistrate, subject to stated conduct/appearance conditions and deposit of Rs.2,000/- cash security kept in interest-bearing account in a Nationalized bank till conclusion of trial.

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 B.N.S.S. in connection with the offence under Sections 297, 3(5) of BNS 2023 read with Section 7 of the Lotteries (Regulation) Act (C.T.Case No.1300 of 2024, S.D.J.M., Bargarh).

Court's answer

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court was not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

Protective direction: in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bargarh within a period of four weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper.

Key takeaways

Release on bail made subject to further conditions: the Petitioner shall not indulge in similar offences while on bail, shall cooperate with the investigation and appear before the Investigating Officer as and when required, shall attend court on each trial date, and shall appear before the jurisdictional Police Station once in a fortnight for three months (preferably on 'Sunday', 10 A.M. to 1 P.M.) and once a month thereafter till conclusion of trial; violation of any condition shall entail cancellation.ratio¶23
Further direction: the bail is subject to depositing a cash security of Rs.2,000/- (Rupees two thousand) before the learned Court in seisin over the matter, to be kept in any Nationalized bank in interest bearing account initially for one year, renewable from time to time till conclusion of trial, abiding the final outcome of the trial.ratio¶25

Detailed headnote1 paragraphs

Anticipatory bail — application under Section 482 B.N.S.S. in respect of offence punishable under Sections 297, 3(5) of BNS 2023 read with Section 7 of the Lotteries (Regulation) Act (C.T.Case No.1300 of 2024, S.D.J.M., Bargarh, arising out of Bargarh Town P.S.Case No.463 of 2024). Held, considering the seriousness of the allegation, gravity of the offence and the facts of the case, anticipatory bail was not granted; however, the Court directed that if the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bargarh within four weeks, he shall be released on bail on terms the Magistrate deems just and proper, subject to conditions: (i) no similar offences while on bail; (ii) cooperation with investigation and appearance before the Investigating Officer as required; (iii) attendance in court on every trial date; (iv) appearance before the jurisdictional Police Station once a fortnight for three months (preferably Sunday, 10 A.M.–1 P.M.) and once a month thereafter till trial concludes; violation entailing cancellation. Bail further made subject to deposit of Rs.2,000/- cash security before the concerned Court, to be kept in an interest-bearing account in a Nationalized bank initially for one year, renewable till conclusion of trial. (Aditya Kumar Mohapatra, J.; order dated 12.09.2024; ABLAPL disposed of accordingly.)

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.9736 of 2024

Manoj Suna

..... Petitioner

Represented By Adv. - Prasanta Kumar Routray

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – M.K.Mohanty, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

12.09.2024

Order No.

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

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

This is an application under Section 482 B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 297, 3(5) of BNS 2023 read with Section 7 of the Lotteries (Regulation) Act in C.T.Case No.1300 of 2024 of the Court of learned S.D.J.M., Bargarh arising out of Bargarh Town P.S.Case No.463 of 2024.

Considering the seriousness of the allegation, gravity of the offence and the facts 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 S.D.J.M., Bargarh within a period of four weeks from today, he shall

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be released on bail on such terms and conditions as the learned Magistrate may deem just and proper with further conditions that:-

I. shall not indulge in similar type of offences while on bail;

II. shall cooperate with the investigation and appear before the Investigating Officer as and when required for the purpose of investigation;

III. shall not default in attendance of the court during trial on each date of posting; and

IV. shall appear before the jurisdictional Police Station once in a fortnight for a period of three months preferably on ‘Sunday’ in between 10.00 A.M. to 1 P.M., thereafter once in a month till conclusion of trial.

Violation of any other conditions shall entail cancellation of the bail application.

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

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

Rubi

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Digitally Signed Signed by: RUBI BEHERA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Sep-2024 17:57:20

Signature Not Verified