Kanha Samantara @ Samantray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Kanha Samantara @ Samantray Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Not an outright grant or refusal of anticipatory bail: the ABLAPL is disposed of with directions (per the Court's Pramod Kumar Ray ((2017) 67 OCR 309) scheme) for surrender within three weeks, service of bail-application copies on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the Victim/Informant, release on interim bail on the day of surrender pending disposal of the bail application on merit (with weekly I.O. reporting, non-intimidation of witnesses/Victim, and no fresh offences), and final disposal on merits within two weeks of the Victim/Informant's appearance.

Issue for consideration

Whether pre-arrest (anticipatory) bail can be granted to the Petitioners in connection with Special G.R. No.22 of 2024 (Bhanjanagar P.S. Case No.302 of 2024), and on what terms and conditions.

Court's answer

Applying the order earlier passed by this Court in Pramod Kumar Ray and others Vrs. State of Odisha ((2017) 67 OCR 309), the ABLAPL is disposed of with directions that the Petitioners shall surrender before the learned Court in seisin within three weeks, and that seven days before surrender the Petitioners or their counsel shall serve a copy (or such number of copies as required) of the bail application on the learned Public Prosecutor/Special Public Prosecutor for notice to the Victim and/or Informant.

Ratio / Principle

Considering the nature of the offence alleged against the Petitioners, the Court in seisin is directed to release the Petitioners on interim bail on the same day they surrender, pending disposal of the bail application on merit, on terms deemed just and proper, including: (i) weekly appearance before the I.O. on dates fixed by him until further order; (ii) no threatening, inducing or coercing of witnesses or the Victim; and (iii) no involvement in similar or any other offence during the currency of the order.

Key takeaways

Within two weeks of the appearance of the Victim and/or Informant, the bail matter shall be considered and disposed of on its own merits.ratio¶25

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack (Justice V. Narasingh), ABLAPL No. 12366 of 2025, decided 07.11.2025 — Anticipatory (pre-arrest) bail application of Kanha Samantara and Titu Samantara @ Samantray @ Bramha Sankar Samantara @ Kitu @ Titu, sought in connection with Special G.R. No.22 of 2024 (arising out of Bhanjanagar P.S. Case No.302 of 2024) alleging offences under Sections 294/323/307/341/506/34 IPC read with Sections 3(1)(r)/3(1)(s)/3(2)(va)/3(2)(v) SC/ST Act, is disposed of in light of the Court's earlier order in Pramod Kumar Ray and others Vrs. State of Odisha ((2017) 67 OCR 309) with directions: (i) surrender before the Court in seisin within three weeks; (ii) bail-application copies served on the Public Prosecutor/Special Public Prosecutor seven days before surrender for notice to the Victim and/or Informant; (iii) interim release by the Court in seisin on the day of surrender, pending disposal of the bail application on merit, subject to weekly appearance before the I.O., abstention from threatening/inducing/coercing witnesses or the Victim, and commission of no similar or other offence meanwhile; (iv) the matter to be considered and disposed of on its own merits within two weeks of the Victim/Informant's appearance.