Suraj Pahan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Suraj Pahan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail allowed conditionally: Petitioners to surrender within three weeks and move for bail; the court in seisin to release them on bail on terms deemed just and proper, subject to verification of criminal antecedents of similar nature (order inoperative if such antecedents exist) and verification of any assault on this order before the Apex Court; cooperation with ongoing investigation directed.

Issue for consideration

Whether the four Petitioners are entitled to pre-arrest (anticipatory) bail in connection with G.R. Case No.1463 of 2024 / Chatrapur P.S. Case No.721 of 2024 for offences under Sections 333/296/351(2)/115(2)/109/3(5) BNS, having regard to their contention that allegations in the FIR are exaggerated owing to a counter FIR.

Court's answer

On perusal of the statement of the injured and the injury report, the Court found the injuries to be simple and not on the vital parts.

Ratio / Principle

Conditional pre-arrest bail granted: on surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedent of similar nature.

Key takeaways

If it transpires that the Petitioners have criminal antecedents of a similar nature, the order shall not be given effect to.ratio¶24
Before releasing the Petitioners, the trial court shall verify whether this Court's order has been assailed before the Apex Court and, if so, the result thereof.ratio¶25
The Petitioners shall cooperate with the ongoing investigation.obiter

Detailed headnote1 paragraphs

Pre-arrest bail — Orissa High Court (V. Narasingh, J.) disposed of ABLAPL No. 1177 of 2025 arising from Chatrapur P.S. Case No.721 of 2024 / G.R. Case No.1463 of 2024, offences under Sections 333/296/351(2)/115(2)/109/3(5) BNS. Noting the injury report showing injuries simple and not on vital parts, and the Petitioners' plea that allegations in the FIR were exaggerated due to a counter FIR, the Court directed that on surrender within three weeks and moving for bail the Petitioners be released on bail on terms deemed just and proper, subject to verification of criminal antecedents of similar nature (order inoperative if such antecedents exist) and verification whether the order has been assailed before the Apex Court. Petitioners to cooperate with the ongoing investigation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1177 of 2025

1. Suraj Pahan

…. Petitioners

2. Sridhar Kumar Samantara

3. Dharama Behera

4. Siba Swain

Mr. J. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

20.03.2025

Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.1463 of 2024 pending on the file of learned S.D.J.M., Chatrapur, arising out of Chatrapur P.S. Case No.721 of 2024 for commission of offences punishable under Section 333/296/351(2)/115(2)/109/3(5) of BNS.

It is submitted by the learned counsel that because of the counter FIR at Annexure-2, exaggerated allegations have been made in the FIR at Annexure-1, in respect of which the ABLAPL has been filed. Hence, the Petitioner seeks pre-arrest bail.

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Learned counsel for the State opposes the prayer for pre-arrest bail.

This Court perused the statement of the injured as well as the injury report indicating that the injuries are simple and not on the vital parts.

Considering the submissions made and taking into account the nature of allegation, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.

If it comes to the fore that the Petitioners have any such criminal antecedent, this order shall not be given effect to.

Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 22-Mar-2025 11:22:15

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