Disposed¶23

Bishal Kumar Nayak @ Bishal v. State of Odisha

Orissa HC29 Apr 2025ABLAPL/2086/2025

Case brief

AI extract

What is this about?

ABLAPL No. 2086 of 2025; High Court of Orissa at Cuttack; Justice V. Narasingh; pre-arrest/anticipatory bail not entertained; offences under Sections 126(2), 296, 115(2), 109(1), 303(2), 324(4), 351(2), 3(5) of BNS; Cantonment P.S. Case No.218 of 2024; G.R. Case No.1429 of 2024; J.M.F.C.-II (Cog. Taking), Cuttack; surrender within one month; bail on merits in first hour; higher forum in second hour same day; case diary; ground of parity; disposed of 29.04.2025.

What did the court decide?

Taking into account the statement of the injured and the injury report, the Court is not inclined to entertain the anticipatory bail application (ABLAPL). ¶17

Bishal Kumar Nayak @ Bishal Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Disposed

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Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with G.R. Case No.1429 of 2024 (arising out of Cantonment P.S. Case No.218 of 2024) for offences punishable under Sections 126(2), 296, 115(2), 109(1), 303(2), 324(4), 351(2) and 3(5) of BNS.

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Court's answer

Taking into account the statement of the injured and the injury report, the Court is not inclined to entertain the anticipatory bail application (ABLAPL).

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Ratio / Principle

The Petitioner is directed to surrender before the learned J.M.F.C.-II, (Cog. Taking), Cuttack within one month; on surrender and motion, his bail application is to be considered on merits in the first hour of the day.

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Key takeaways

If the learned J.M.F.C.-II rejects the bail prayer, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶19
On being so moved, the higher forum is requested to endeavour to dispose of the Petitioner's bail application the same day; the case diary is to be made available to the concerned courts to facilitate disposal.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail refused — Bishal Kumar Nayak @ Bishal v. State of Odisha, ABLAPL No. 2086 of 2025 (High Court of Orissa at Cuttack, V. Narasingh, J., 29.04.2025): The Court, taking into account the statement of the injured and the injury report, was not inclined to entertain the pre-arrest bail application concerning offences punishable under Sections 126(2), 296, 115(2), 109(1), 303(2), 324(4), 351(2) and 3(5) of BNS arising out of Cantonment P.S. Case No.218 of 2024 (G.R. Case No.1429 of 2024, learned J.M.F.C.-II, (Cog. Taking), Cuttack). The Petitioner was directed to surrender within one month; on surrender and motion, bail to be considered on merits in the first hour of the day; if rejected, liberty to move the higher forum in the second hour the same day, which was requested to dispose of the application the same day with the case diary made available and the record transmitted; ground of parity, if any, left to the court(s) below. ABLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2086 of 2025

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Bishal Kumar Nayak @ Bishal

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Petitioner

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Mr. S. Dwibedi, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. S. Panigrahi, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

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29.04.2025 Order No.

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02.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1429 of 2024 pending on the file of learned J.M.F.C.-II, (Cog. Taking), Cuttack, arising out of Cantonment P.S. Case No.218 of 2024 for commission of offences punishable under Section 126(2)/ 296/ 115(2)/ 109(1)/ 303(2)/ 324(4)/351(2)/ 3(5) of BNS.

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Learned counsel for the Petitioner submits that exaggerated allegations have been made against the Petitioner. Hence, he may be protected by pre-arrest bail.

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Learned counsel for the State opposes the prayer referring to the statement of the injured and the injury suffered.

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Page 1 of 3

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Taking into account the statement of the injured and the injury report, this Court is not inclined to entertain the ABLAPL. However, it is directed that the Petitioner may surrender before the learned J.M.F.C.-II, (Cog. Taking), Cuttack in connection with the aforementioned case within one month from today.

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In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C.II, (Cog. Taking), Cuttack on merits, in the first hour of the day.

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In the event of rejection of the prayer for bail by the learned J.M.F.C.-II, (Cog. Taking), Cuttack, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

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On being so moved, the higher forum is requested to make an endeavor to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned J.M.F.C.-II, (Cog. Taking), Cuttack is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

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Ground of parity, if any, may be considered by the learned court(s) below.

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