Manmatha Das @ Manmatha Kumar Dash Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Manmatha Das @ Manmatha Kumar Dash Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional pre-arrest bail protection: Petitioners to surrender within three weeks and on moving for bail to be released on bail by the learned Court in seisin on just terms, subject to verification of criminal antecedents of similar nature and of any challenge to this order before the Apex Court; order inoperative if such antecedents exist; Petitioners to cooperate with investigation.

Issue for consideration

Whether the Petitioners should be granted pre-arrest bail in connection with G.R. Case No.3043 of 2021 (arising out of Puri Town P.S. Case No.275 of 2021) for offences punishable under Sections 498(A)/494/448/323/307/354/294/324/341/506/34 IPC.

Court's answer

There is no injury report on record, as evidenced on perusal of the Case Diary.

Ratio / Principle

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 antecedents of similar nature.

Key takeaways

If it comes to the fore that the Petitioners have any such criminal antecedent, the order shall not be given effect to.ratio¶7
Before releasing, the learned Court shall verify whether the order has been assailed before the Apex Court and, if so, the result thereof.ratio¶8
The Petitioners shall cooperate with the ongoing investigation.obiter

Detailed headnote1 paragraphs

Pre-arrest bail — ABLAPL No. 1539 of 2025, High Court of Orissa, decided 07.04.2025 (V. Narasingh, J.). Four petitioners, accused in G.R. Case No. 3043 of 2021 (arising out of Puri Town P.S. Case No. 275 of 2021) pending before the learned S.D.J.M., Puri, for offences punishable under Sections 498(A)/494/448/323/307/354/294/324/341/506/34 IPC, sought pre-arrest bail. Counsel submitted that exaggerated allegations were made owing to family dissention; the State opposed. Noting that there was no injury report on perusal of the case diary, the Court directed that on surrendering within three weeks and moving for bail the petitioners be released on bail by the court in seisin on just terms, subject to (i) verification of criminal antecedents of similar nature (the order to have no effect if such antecedents surface), and (ii) verification by the releasing court whether the order was assailed before the Apex Court and its result; petitioners to cooperate with the ongoing investigation. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 1539 of 2025

1. Manmatha Das @ Manmatha Kumar Dash

Petitioners

2. Gopa Narayan Dash @ Gopanarayan Das

3. Basanti Das

4. Manjulata Behera @ Mandakini Behera

Mr. D. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

07.04.2025

Order No.

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.3043 of 2021 pending on the file of learned S.D.J.M., Puri arising out of Puri Town P.S. Case No.275 of 2021 for commission of offences punishable under Sections 498(A)/ 494/ 448/ 323/ 307/ 354/ 294/ 324/ 341/ 506/ 34 of IPC.

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It is submitted by the learned counsel for the Petitioners that because of family dissention, exaggerated allegations have been made against the Petitioners. Hence, they may be protected by prearrest bail.

Learned counsel for the State opposes the prayer.

Admittedly, there is no injury report as evidenced on perusal of the Case Diary.

Considering the same, it is directed that 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.

U.C.C. as per rules. Signature Not Verified

Digitally Signed Signed by: SANTOSHI LENKA Designation: Senior Stenographer Reason: AuthenticationLocation: High Court of Orissa, Cuttack (V. NARASINGH) Date: 09-Apr-2025 15:27:48 Judge

Santoshi

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