Prabhu Prasad Dash Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Prabhu Prasad Dash Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, the Petitioners were directed to surrender before the court in seisin within four weeks, upon surrender and a bail application the court in seisin to release them on bail on just terms, subject to stated conditions (attendance on every fixed date, no similar offences, no tampering with evidence or harassment/threatening/terrorising of prosecution witnesses, cancellation on violation) and deposit of a cash security of Rs.2,000/- each before the learned court in seisin.

Issue for consideration

Whether pre-arrest (anticipatory) bail under Section 438 of Cr.P.C. should be granted to the Petitioners in connection with Puri Town P.S. Case No.177 of 2019 / G.R. Case No.1870 of 2019 pending before the S.D.J.M., Puri.

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 Petitioners.

Ratio / Principle

Conditional surrender-release direction: in the event the Petitioners surrender before the court in seisin over the matter within four weeks from the date of the order and move an application for bail, the court in seisin shall release them 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

Bail conditions imposed: (i) appearance before the Trial Court on each and every date fixed without fail, if not prevented by sufficient cause; (ii) no indulgence in similar criminal offences while on bail; (iii) no tampering with prosecution evidence and no harassment, threatening or terrorising of prosecution witnesses in any manner; violation of any term or condition shall entail cancellation of bail.ratio¶¶23
Cash-security condition: bail is further subject to each Petitioner depositing a cash security of Rs.2,000/- (Rupees Two Thousand) before the learned court in seisin, to be kept in a Nationalized Bank in an interest-bearing account initially for one year, renewable from time to time till conclusion of trial, and to abide by the final outcome of the trial of the case.ratio¶¶29

Detailed headnote1 paragraphs

Orissa High Court at Cuttack (Aditya Kumar Mohapatra, J.), ABLAPL No.185 of 2025, decided 08.01.2025. Petitioners Prabhu Prasad Dash and Santosh Kumar Mahapatra sought anticipatory bail under Section 438 of Cr.P.C. in connection with Puri Town P.S. Case No.177 of 2019, corresponding to G.R. Case No.1870 of 2019, pending before the learned S.D.J.M., Puri, for alleged commission of offences punishable under Sections 147, 148, 341, 294, 326, 379, 307, 506 & 149 of IPC read with Sections 25 & 27 of the Arms Act. Counsel for the Petitioners submitted that the dispute arose out of a village dispute between two groups, that the Petitioners were falsely implicated, that the injuries sustained by the injured were not grievous, and that some co-accused had already been released on regular bail in BLAPL No.10394 of 2019 (order dated 02.01.2020) and BLAPL No.624 of 2020 (order dated 07.02.2020). Weighing the nature of allegation, gravity of offence and the facts and circumstances of the case, the Court declined pre-arrest bail; however, it directed that if the Petitioners surrendered before the court in seisin within four weeks and moved a bail application, that court shall release them on bail on terms it deems just and proper. Release was made subject to conditions: appearance before the Trial Court on each and every date fixed, abstention from similar criminal offences, no tampering with prosecution evidence and no harassment, threatening or terrorising of prosecution witnesses, with violation entailing cancellation of bail. Bail was further made subject to deposit of a cash security of Rs.2,000/- (Rupees Two Thousand) by each Petitioner before the court in seisin, to be kept in a Nationalized Bank in an interest-bearing account initially for one year, renewable till conclusion of trial, and to abide by the final outcome of the trial. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.185 of 2025

1) Prabhu Prasad Dash ..... Petitioners

1. Santosh Kumar Mahapatra

Represented By Adv. - Abhas Mohanty

-versus-

State Of Odisha

.....

Opposite Party

Represented By Adv. – Mr. Anshuman Sethi, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

08.01.2025

Order No.

This matter is taken up through Hybrid mode.

Heard learned counsel for the Petitioners and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 438 of Cr.P.C. by the Petitioners seeking pre-arrest bail in connection with Puri Town P.S. Case No.177 of 2019, corresponding to G.R. Case No.1870 of 2019, pending in the court of learned S.D.J.M., Puri, for alleged commission of offences punishable under Sections 147, 148, 341, 294, 326, 379, 307, 506 & 149 of IPC read with Sections 25 & 27 of the Arms Act.

It is stated by learned counsel for the Petitioners that the present dispute arises out of a village dispute between two groups. He further contended that the Petitioners have been falsely implicated in the present case. He further contended that the injuries

Page 1 of 3.

sustained by the injured are not grievous in nature. Learned counsel for the Petitioners further submitted that some of the co-accused persons have already been released on regular bail in BLAPL No.10394 of 2019 vide order dated 02.01.2020 and in BLAPL No.624 of 2020 vide order dated 07.02.2020.

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 Petitioners. However, it is directed that in the event the Petitioners surrender before the Court in seisin over the matter within a period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them 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.

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

i) shall appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause;

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

iii) shall not tamper with any prosecution evidence and shall not harass, threaten or terrorize any of the prosecution witnesses in any manner;

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

Page 2 of 3.

It is further directed that the bail granted to the Petitioners are subject to depositing of a cash security of Rs.2,000/- (Rupees Two Thousand) each 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.

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 Signed by: SANTANU KUMAR ROUT Reason: Authentication Page 3 of 3. Location: High Court of Orissa, C utta ck Date: 09-Jan-2025 10:39:00