Shishira Kanta Jena @ Sisira Kanta Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Shishira Kanta Jena @ Sisira Kanta Jena Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Direct pre-arrest bail declined; however, upon surrender before the Court in seisin within four weeks and moving a bail application, the Petitioner to be released on bail subject to verification of criminal antecedents (automatic revocation if more than three similar antecedents), compliance with listed conditions (cooperation with investigation/I.O., attendance before Trial Court, no similar offences), and deposit of Rs.5,000/- cash security in a Nationalized Bank interest-bearing account.

Issue for consideration

Whether the Petitioner, sought to be proceeded against in Gangapur P.S. Case No.674 of 2024 (G.R. Case No.1961 of 2024) for offences under Section 52(a) of the Odisha Excise (Amendment) Act, 2016 read with Sections 115(2), 132, 296 & 351(2) of BNS, is entitled to pre-arrest bail under Section 482 of BNSS, 2023.

Court's answer

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

Ratio / Principle

If the Petitioner surrenders before the Court in seisin over the matter within four weeks and moves a bail application, the Court in seisin shall release him on bail on such terms and conditions as it deems just and proper, subject to verification of his criminal antecedents.

Key takeaways

The order stands automatically revoked if the Petitioner is having more than three similar criminal antecedents.ratio¶20
Release is made subject to conditions: cooperation with the investigation and appearance before the I.O. as and when required, appearance before the Trial Court on each and every date fixed, abstention from similar offences while on bail; violation of any term shall entail cancellation of bail.ratio¶22
The bail is further subject to deposit of a cash security of Rs.5,000/- (Rupees Five 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.

Detailed headnote1 paragraphs

Shishira Kanta Jena @ Sisira Kanta Jena v. State of Odisha, ABLAPL No.191 of 2025 (High Court of Orissa, Cuttack; Aditya Kumar Mohapatra, J.; order dated 08.01.2025): An application under Section 482 of BNSS, 2023 for pre-arrest bail in Gangapur P.S. Case No.674 of 2024, corresponding to G.R. Case No.1961 of 2024 pending before learned S.D.J.M., Bhanjanagar, for offences punishable under Section 52(a) of the Odisha Excise (Amendment) Act, 2016 read with Sections 115(2), 132, 296 & 351(2) of BNS. Considering the nature of allegation and gravity of offence, direct pre-arrest bail was refused; however, the Court directed that if the Petitioner surrenders within four weeks and applies, the Court in seisin shall release him on bail subject to verification of criminal antecedents, with automatic revocation of the order if he has more than three similar antecedents. Conditions imposed include cooperation with investigation and the I.O., appearance before the Trial Court on every fixed date, and abstention from similar offences, violation entailing cancellation. Bail further conditioned on deposit of Rs.5,000/- (Rupees Five Thousand) cash security, to be kept in a Nationalized Bank interest-bearing account initially for one year, renewable till conclusion of trial. ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.191 of 2025

Shishira Kanta Jena @ Sisira Kanta Jena

..... Petitioner

Represented By Adv. - Lambodor Achari

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. – Mr. M.R. Patra, 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 Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

The present application has been filed under Section 482 of BNSS, 2023 by the Petitioner seeking pre-arrest bail in connection with Gangapur P.S. Case No.674 of 2024, corresponding to G.R. Case No.1961 of 2024, pending in the court of learned S.D.J.M., Bhanjanagar, for alleged commission of offences punishable under Section 52(a) of the Odisha Excise (Amendment) Act, 2016 read with Section 115(2), 132, 296 & 351(2) 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

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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. In the event, the Petitioner is having more than three similar criminal antecedents, 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 appear before the Trial Court on each and every date fixed without fail, if not prevented by any sufficient cause;

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.

It is further directed that the bail granted to the Petitioner is subject to depositing of a cash security of Rs.5,000/- (Rupees Five Thousand) 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

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S.K. Rout

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

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 10:39:01