Abhisek Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

Abhisek Das Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner released on bail on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to conditions including appearance before the trial Court on each trial date and non-indulgence in criminal activities; urgent certified copy to issue as per Rules.

Issue for consideration

Whether the petitioner should be released on bail under section 483 of the B.N.S.S. in connection with G.R. Case No.782 of 2024 (Kantabanji P.S. Case No.428 of 2024) for the alleged offence under section 408 of the Indian Penal Code.

Court's answer

Bail granted: the petitioner is in judicial custody since 25.10.2024, the offence is triable by a Magistrate, and the investigation has made substantial progress; accordingly the court is inclined to release the petitioner on bail.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to such terms and conditions as the trial Court deems just and proper, including appearance before the trial Court on each date of posting and abstention from criminal activities; violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail under section 483 of the B.N.S.S. granted by the High Court of Orissa. The applicant, in judicial custody since 25.10.2024 in G.R. Case No.782 of 2024 (Kantabanji P.S. Case No.428 of 2024) pending before the learned J.M.F.C., Kantabanji for an alleged offence under section 408 of the Indian Penal Code, had his earlier bail prayer rejected by the learned Addl. Sessions Judge, Kantabanji on 06.11.2024. Considering that the offence is triable by a Magistrate and the investigation has made substantial progress, the Court directed release on bail on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, with conditions of appearance on every trial date and abstention from criminal activities; violation to entail cancellation of bail. The BLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11347 of 2024

Abhisek Das

Petitioner

Mr. Dhananjaya Mund, Advocate

-versus-

State of Odisha

Opp. Party

Mr. Sarat Pradhan, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No. 29.11.2024

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 483 of B.N.S.S. in connection with Kantabanji P.S. Case No.428 of 2024 corresponding to G.R. Case No.782 of 2024 pending in the file of learned J.M.F.C., Kantabanji for alleged commission of offences under section 408 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Kantabanji vide order dated 06.11.2024.

Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 25.10.2024 and the offence is triable by

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Magistrate and the investigation has made substantially progress and after hearing the learning counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with such terms and conditions as the learned Court may deem just and proper including the conditions that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial and he shall not indulge in any criminal activities in any manner.

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

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

( S.K. Sahoo) Judge

Rajesh

Signature Not Verified

Digitally Signed Signed by: SIPUN BEHERA Designation: Senior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, C UTT ACK Date: 30-Nov-2024 16:01:19

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