China Rao @ M. Santosh Rao Vs State of Odisha — Orissa HC (2025) — LawSathi Research

China Rao @ M. Santosh Rao Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

The ABLAPL was disposed of with a conditional direction for release on bail: on surrendering within three weeks and moving for bail, the Petitioner is to be released on bail by the learned Court in seisin, subject to verification that he does not have more than three criminal antecedents of any nature, verification that the order has not been assailed before the Apex Court, and subject to his cooperation with the ongoing investigation.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with G.R Case No.761 of 2017 (arising out of Bhadrak Town P.S. Case No.119 of 2017) for offences punishable under Sections 147/148/506/395/149 IPC. +2 more

Court's answer

The Court directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed fit.

Ratio / Principle

Considering that the FIR is of the year 2017 and the release of the co-accused, the Court held that custodial interrogation of the Petitioner is not warranted.

Key takeaways

The release direction is subject to verification of criminal antecedents; if it comes to fore that the Petitioner has more than three antecedents of any nature, the order shall not be given effect to.ratio¶21
Before releasing the Petitioner, the learned Court shall verify whether this order has been assailed before the Apex Court and, if so, the result thereof.ratio¶22
The Petitioner shall cooperate with the ongoing investigation.

Detailed headnote1 paragraphs

Anticipatory bail - pre-arrest bail sought in G.R Case No.761 of 2017 (arising out of Bhadrak Town P.S. Case No.119 of 2017) for offences punishable under Sections 147/148/506/395/149 IPC - FIR of the year 2017 and co-accused already released on bail - State opposed citing the accusation and two criminal antecedents of the Petitioner - Held, custodial interrogation of the Petitioner is not warranted; on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin, subject to verification that the Petitioner does not have more than three antecedents of any nature (if more than three antecedents come to fore, the order shall not be given effect to), and subject to the releasing Court verifying whether the order has been assailed before the Apex Court and the result thereof - Petitioner to cooperate with the ongoing investigation - ABLAPL disposed of (V. Narasingh, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.1808 of 2025

China Rao @ M. Santosh …. Rao

Petitioner

Mr. D.P. Dixit, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

04.07.2025

Order No.

01.

Heard Mr. Dixit, learned counsel on record and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with G.R Case No.761 of 2017 pending in the Court of learned S.D.J.M, Bhadrak, arising out of Bhadrak Town P.S. Case No.119 of 2017 for commission of offence punishable under Sections 147/148/506/395/149 IPC.

Taking into account the nature of allegation, it is submitted by the learned counsel that the custodial interrogation of the Petitioner is not necessary.

It is further submitted that the co-accused have already been released on bail. Hence, inter alia, on the ground of parity, the Petitioner seeks release.

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Such submission is opposed by the learned counsel for the State, inter alia, referring to the accusation and that the Petitioner has two criminal antecedents.

Considering that the FIR is of the year 2017 and release of the co-accused, this Court is persuaded to hold that custodial interrogation of the Petitioner is not warranted. Hence, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed subject to verification of criminal antecedent of more than three antecedents of any nature.

If it comes to fore that the Petitioner has more than three antecedents of any nature, this order shall not be given effect to.

Before releasing the learned Court shall verify as to whether this order has been assailed before the Apex Court and if so, the result thereof.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH)

Judge

PKS Signature Not Verified

Digitally Signed

Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 04-Jul-2025 19:11:26

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