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

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

What the court decided

AI extract

Outcome

Anticipatory bail declined; however, the Petitioner is permitted to surrender and move for bail before the learned S.D.J.M., Bargarh in C.T.Case No.1664 of 2023 within three weeks, whereupon he shall be released on bail on terms deemed just and proper by the Magistrate, subject to verification of criminal antecedents; the direction is ineffective if similar criminal antecedents are found, and violation of conditions entails cancellation of bail.

Issue for consideration

Whether anticipatory bail under section 438 Cr.P.C. should be granted to the Petitioner in connection with the offence punishable under Section 379 of the Indian Penal Code (Bhatli P.S.Case No.267 of 2023 / C.T.Case No.1664 of 2023, S.D.J.M., Bargarh).

Ratio / Principle

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court was not inclined to grant anticipatory bail to the Petitioner.

Key takeaways

It was observed that in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bargarh in C.T.Case No.1664 of 2023 within three weeks, he shall be dealt with as directed below.ratio¶18
Upon surrender within the stipulated period, the Petitioner shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, subject to verification of criminal antecedents.ratio¶20
If the Petitioner is found to have any criminal antecedent of a similar nature, this order shall not be given effect to; violation of conditions shall entail cancellation of bail.

Detailed headnote1 paragraphs

Anticipatory Bail - Application under section 438 Cr.P.C. (ABLAPL) by Rakesh Meher in a case punishable under Section 379 IPC, arising out of Bhatli P.S.Case No.267 of 2023, trial pending as C.T.Case No.1664 of 2023 before the learned S.D.J.M., Bargarh - Considering the seriousness of the allegation and gravity of the offence, anticipatory bail declined - However, the Court observed that if the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bargarh within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper, subject to verification of criminal antecedents - Direction not to be given effect if the Petitioner is found to have criminal antecedents of a similar nature; violation of conditions to entail cancellation of bail - ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1603 of 2024

Rakesh Meher

.....

Petitioner

Represented By Adv. - Dhirendra Kumar Mohapatra

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – Mr.S.K.Brahma,ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

Order No.

ORDER

23.04.2025

1. This matter is taken up through Hybrid Arrangement (Virtual/ Physical Mode).

Heard learned counsel for the Petitioner as well as the learned Additional Standing Counsel for the State. Perused the records.

This is an application under section 438 Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 379 of the Indian Penal Code.

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however, it is observed that, in the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Bargarh in C.T.Case No.1664 of 2023 arising out of Bhatli P.S.Case

Page 1 of 2.

No.267 of 2023 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent. In the event it is found that the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to. Violation of conditions shall entail cancellation of bail.

The ABLAPL is disposed of accordingly.

Issue urgent certified copy of this order as per Rules.

( Aditya Kumar Mohapatra)

Judge

RKS

Page 2 of 2.

Signature Not Verified

Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 24-Apr-2025 17:15:18