Antarjyami Pradhan Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Antarjyami Pradhan Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, the Petitioner is permitted to surrender before the Court in seisin within four weeks, whereupon he is to be released on bail subject to verification of his criminal antecedents and the injury report of the injured (with automatic revocation if injury is found or antecedents exist), and subject to conditions of cooperation with the investigation/appearance before the I.O., non-entry into the Informant's office without prior permission, and abstention from similar offences; violation entails cancellation of bail.

Issue for consideration

Whether the Petitioner is entitled to pre-arrest (anticipatory) bail under Section 482 of BNSS, 2023 in connection with Dharakote P.S. Case No.487 of 2024 / G.R. Case No.2481 of 2024 for offences under Sections 115(2)/121(l)/126(2)/132/3(5) of BNS.

Court's answer

Pre-arrest bail is declined to the Petitioner, considering the nature of allegation, gravity of offence and the facts and circumstances of the case.

Ratio / Principle

It is directed that in the event the Petitioner surrenders before the Court in seisin over the matter within a period of four weeks, the Court in seisin shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.

Key takeaways

The post-surrender release on bail is expressly made subject to verification of the criminal antecedent of the Petitioner and the injury report of the injured; in the event the injured has sustained any injury and the Petitioner is having any criminal antecedent, the order stands automatically revoked.ratio¶¶19
Release is subjected to conditions: (i) cooperation with the investigation and appearance before the I.O. as and when his presence is required; (ii) no entry into the office of the Informant without prior permission; (iii) no indulgence in similar criminal offences while on bail; violation of any term or condition shall entail cancellation of bail.ratio¶¶21

Detailed headnote1 paragraphs

Anticipatory bail (Section 482, BNSS 2023) application by Antarjyami Pradhan in connection with Dharakote P.S. Case No.487 of 2024 / G.R. Case No.2481 of 2024 (J.M.F.C., Aska) for alleged offences punishable under Sections 115(2)/121(l)/126(2)/132/3(5) of BNS. Considering the nature of allegation and gravity of offence, pre-arrest bail was NOT granted; instead, the Petitioner was directed to surrender before the Court in seisin within four weeks, failing-notwithstanding which the trial court is to release him on bail on terms it deems just and proper, subject to verification of his criminal antecedents and the injury report of the injured - the order standing automatically revoked if the injured sustained any injury or the Petitioner has criminal antecedents. Bail conditions: cooperation with investigation and appearance before the I.O.; no entry into the Informant's office without prior permission; no similar offences while on bail; violation entails cancellation. Application disposed of (Aditya Kumar Mohapatra, J.), 10.01.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.184 of 2025

Antarjyami Pradhan

..... Petitioner

Represented By Adv. - S.s.ray (2)

-versus-

State Of Odisha

..... Opposite Party

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

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

10.01.2025

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 Dharakote P.S. Case No.487 of 2024, corresponding to G.R. Case No.2481 of 2024, pending in the court of learned J.M.F.C., Aska, for alleged commission of offences punishable under Sections 115(2)/121(l)/126(2)/132/3(5) 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 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 and injury report of the injured. In the event, the injured has sustained any injury and the Petitioner is having any criminal antecedent, then this order stands automatically revoked.

The release of the Petitioner shall also be subject to following conditions:-

i) shall cooperate with the investigation and appear before the I.O. as and when his presence is required and shall cooperate with the early conclusion of the investigation;

ii) shall not enter into the office of the Informant without any prior permission;

iii) shall not indulge in any similar criminal offences while on bail;

Violation of any of the terms and conditions shall entail cancellation of bail.

Accordingly, the ABLAPL is disposed of.

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

(Aditya Kumar Mohapatra)

Judge

Signature Not Verified

S.K. Rout

Digitally Signed Signed by: SANTANU KUMAR ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 10-Jan-2025 13:48:43

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