Rakesh Khatei Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Rakesh Khatei Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, Petitioner directed to surrender before the Court in seisin within four weeks and move a bail application, upon which that Court shall release him on bail subject to verification of criminal antecedents (order automatically revoked if more than one antecedent; violation entails cancellation) and deposit of Rs.3,000/- cash security kept in an interest-bearing Nationalized Bank account till conclusion of trial.

Issue for consideration

Whether pre-arrest bail should be granted to the Petitioner in connection with Air Field P.S. Case No.356 of 2024, corresponding to C.T. Case No.1071 of 2024, pending before learned J.M.F.C.-I, Bhubaneswar.

Court's answer

Pre-arrest bail refused: considering the nature of allegation, gravity of offence and the facts and circumstances of the case, the Court was not inclined to grant pre-arrest bail to the Petitioner.

Ratio / Principle

Conditional direction: in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks from today and moves an application for bail, that Court shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case.

Key takeaways

The conditional release is subject to verification of the criminal antecedent of the Petitioner; in the event the Petitioner has more than one criminal antecedent, this order stands automatically revoked; violation of any of the terms and conditions shall entail cancellation of bail.ratio¶21
The bail granted to the Petitioner is further made subject to depositing a cash security of Rs.3,000/- (Rupees Three Thousand) before the learned Court in seisin over the matter, to be kept in a Nationalized Bank interest-bearing account initially for one year, renewable from time to time till conclusion of trial, abiding the final outcome of the trial.ratio¶22

Detailed headnote1 paragraphs

Pre-arrest bail under Section 482 of BNSS, 2023 sought in ABLAPL No.14993 of 2024 (Rakesh Khatei v. State of Odisha) arising from Air Field P.S. Case No.356 of 2024, corresponding to C.T. Case No.1071 of 2024, pending before learned J.M.F.C.-I, Bhubaneswar, for alleged offences under Sections 126(2), 115(2), 118(2), 296(b), 351(3), 109 of BNS. Single-Judge order of the High Court of Orissa at Cuttack (Aditya Kumar Mohapatra, J., 02.01.2025): pre-arrest bail declined considering the nature of allegation, gravity of offence and facts and circumstances; Petitioner instead directed to surrender before the Court in seisin within four weeks, whereupon that Court shall release him on bail on terms it deems just, subject to verification of criminal antecedents (order stands automatically revoked if the Petitioner has more than one criminal antecedent; violation of terms entails cancellation) and deposit of a cash security of Rs.3,000/- (Rupees Three Thousand) to be kept in a Nationalized Bank interest-bearing account initially for one year, renewable till conclusion of trial. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.14993 of 2024

Rakesh Khatei

..... Petitioner

Represented By Adv. - Achyutananda Pattanaik

-versus-

State Of Odisha

.....

Opposite Party

Represented By Adv. – Mr. M.R. Mohanty, AGA

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

02.01.2025

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioner and learned Additional Government Advocate appearing for the Opposite PartyState.

The present application has been filed under Section 482 of BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Air Field P.S. Case No.356 of 2024, corresponding to C.T. Case No.1071 of 2024, pending in the court of learned J.M.F.C.-I, Bhubaneswar, for alleged commission of offences punishable under Sections 126(2), 115(2), 118(2), 296(b), 351(3), 109 of BNS.

Considering the nature of allegation, gravity of offence and the facts and circumstances of the case, I am not inclined to grant pre-arrest bail to the Petitioner. However, it is directed that in the event the Petitioner surrenders before the Court in seisin over the

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matter within a period of four weeks from today and moves an application for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioner. In the event, the Petitioner is having more than one criminal antecedent, then this order stands automatically revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.3,000/- (Rupees Three Thousand) before the learned Court in seisin over the matter, which shall be kept in any Nationalized Bank in interest bearing account initially for a period of one year which will be renewable from time to time till conclusion of trial and the same shall be abide by the final outcome of the trial of the case.

6. Accordingly, the ABLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

(Aditya Kumar Mohapatra)

Judge

S.K. Rout

Signature Not Verified

Digitally Signed Page 2 of 2. Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 04-Jan-2025 13:10:18