Tuna Mallick @ Ramachandra Mallick v. State of Odisha
Case brief
What is this about?
High Court of Orissa at Cuttack, ABLAPL No. 1196 of 2025, decided 05.02.2025 by Justice Aditya Kumar Mohapatra (Single Judge). Anticipatory bail under S. 438 Cr.P.C. sought in G.R. Case No. 08 of 2025 / Balipatna P.S. Case No. 005 of 2025 (J.M.F.C.(O), Bhubaneswar) for offences under Ss. 351(2), 115(2) and 3(5) of B.N.S., 2023. Outcome: application disposed with a conditional surrender-and-release direction rather than outright anticipatory bail; release subject to verification of injury and criminal antecedents; inoperative if injuries grievous or similar antecedents exist; breach entails cancellation. No precedents cited; no monetary reliefs.
What did the court decide?
Conditional relief: anticipatory bail not granted outright, but the Petitioners were directed that, upon surrendering and moving for bail before the learned J.M.F.C.(O), Bhubaneswar in G.R. Case No. 08 of 2025 within three weeks, they shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, subject to verification of injury and criminal antecedent; the direction is inoperative if the injuries are grievous or the Petitioners have similar criminal antecedents; violation of conditions entails cancellation of bail.