Allowed¶22

Arabind Kumar Singh @ Arbind Singh v. State of Odisha

Orissa HC30 Aug 2024BLAPL/7943/2024

Case brief

AI extract

What is this about?

Bail granted - BLAPL - criminal antecedents surfacing after earlier bail (BLAPL No.6416 of 2023) - challenge to rejection of bail under S.483 BNSS by 3rd Addl. Sessions Judge, Bhubaneswar - G.R. Case No.464 of 2022 / Balianta P.S. Case No.158 of 2022 - Sections 457/380/34 IPC - conditions: family member P.R bond, twice-weekly reporting at jurisdictional police station till trial ends - High Court of Orissa, Justice V. Narasingh, order dated 30.08.2024.

What did the court decide?

Release of the Petitioner on bail on terms to be fixed by the learned court in seisin; additionally, a family member to execute a P.R bond in addition to sureties, and the Petitioner to appear before the jurisdictional police station twice every week till conclusion of trial, with certification of appearance to the court in seisin. ¶22

Arabind Kumar Singh @ Arbind Singh Vs State of Odisha — Bail and Remand | Orissa HC (2024)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner, an accused in G.R. Case No.464 of 2022 with disclosed criminal antecedents, should be released on bail notwithstanding the State's opposition based on those antecedents.

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Court's answer

Taking into account the nature of allegations, the period in custody and the punishment prescribed, the Court directs the Petitioner to be released on bail on terms to be fixed by the learned court in seisin.

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Ratio / Principle

One of the family members of the Petitioner shall execute a P.R bond in addition to the sureties imposed by the court in seisin.

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Key takeaways

The Petitioner shall appear before the jurisdictional police station twice every week, on dates and times fixed by the court in seisin, till conclusion of trial, with certification of such appearance submitted to the court in seisin.ratio¶23

Detailed headnote1 paragraphs

Orissa High Court (V. Narasingh, J.) disposed of BLAPL No.7943 of 2024 by granting bail to Arabind Kumar Singh @ Arbind Singh, accused of offences under Sections 457/380/34 IPC in G.R. Case No.464 of 2022 (Balianta P.S. Case No.158 of 2022) pending before J.M.F.C. (O), Bhubaneswar. The Petitioner's bail under Section 483 BNSS had been rejected by the 3rd Addl. Sessions Judge, Bhubaneswar (order dated 25.07.2022); an earlier bail granted in BLAPL No.6416 of 2023 (order dated 02.08.2023) fell through when his criminal antecedents, not previously brought to the Court's notice, came to light. Considering the nature of allegations, period in custody and punishment prescribed, bail was granted on terms to be fixed by the trial court, with additional conditions: execution of a P.R bond by a family member over and above the sureties, and twice-weekly appearance before the jurisdictional police station till conclusion of trial, with certification of appearance to the court in seisin.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7943 of 2024

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Arabind Kumar Singh @ Arbind Singh

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Petitioner

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Mr. B.R. Mohanty, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. P.K. Mohanty, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER

Order No.

30.08.2024

1. Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is an accused in connection with G.R. Case No.464 of 2022, pending on the file of learned J.M.F.C. (O), Bhubaneswar arising out of Balianta P.S. Case No.158 of 2022, for commission of alleged offences under Sections 457/380/34 IPC.

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Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

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Being aggrieved by the rejection of his application for bail U/s.483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) by the learned 3^rd Addl. Sessions Judge, Bhubaneswar by order dated 25.07.2022 in the aforementioned case, the present BLAPL has been filed.

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Page 1 of 2

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The Petitioner was directed to be released on bail by order dated 02.08.2023 in BLAPL No.6416 of 2023 subject to verification of the criminal antecedents. Since it came to fore that the Petitioner has criminal antecedents the bail application of the Petitioner was rejected.

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An affidavit has been filed regarding criminal antecedents, which is taken on record.

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It is submitted by the learned counsel that inadvertently the criminal antecedents of the Petitioner could not be brought to the notice of this Court and there was no willful negligence in doing so. 8. Learned counsel for the State opposes the prayer for bail in view of antecedents of the Petitioner.

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Taking into account the nature of allegations, period in custody and the punishment prescribed, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

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Additionally it is directed that one of the family members of the Petitioner shall execute the P.R bond in addition to the sureties in terms of the order of the learned Court in seisin and he shall appear before the jurisdictional police station twice every week on such date and time to be fixed by the learned Court in seisin till conclusion of trial. Certification of such appearance shall be submitted to the Court in seisin.

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The BLAPL thus stands disposed of.

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

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 30-Aug-2024 18:38:28 PKS

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Arabind Kumar Singh @ Arbind Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arabind Kumar Singh @ Arbind Singh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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