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Ankuri @ Ankura Malik Vs State of Odisha — Orissa HC (2025) — LawSathi Research

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Orissa HC
2025
Ankuri @ Ankura Malik Vs State of OdishaAnkuri @ Ankura Malik v. State of Odisha

Disposed¶31

Ankuri @ Ankura Malik v. State of Odisha

Orissa HC22 Apr 2025ABLAPL/2377/2025

Case brief

AI extract

What is this about?

Orissa High Court; Justice V. Narasingh; ABLAPL No. 2377 of 2025; order dated 22.04.2025; anticipatory/pre-arrest bail; C.T. Case No.778 of 2024; S.D.J.M. Jajpur; Bari Ramachandrapur P.S. Case No.155 of 2024; IPC Sections 294, 341, 324, 506, 34 and enhanced Section 326 in charge sheet; earlier anticipatory bail ABLAPL No.4834 of 2024 dated 16.05.2024; Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1; direction to release on bail upon surrender within three weeks; verification of any challenge to prior order before Apex Court; cooperation with investigation; ABLAPL disposed of.

What did the court decide?

Release on bail by the learned Court in seisin upon surrender within three weeks and moving for bail, subject to verification whether the earlier order of this Court has been assailed before the Apex Court; Petitioners directed to cooperate with the ongoing investigation.

Why is it important?

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. ¶29

What the court decided

AI extract

Outcome

Release on bail by the learned Court in seisin upon surrender within three weeks and moving for bail, subject to verification whether the earlier order of this Court has been assailed before the Apex Court; Petitioners directed to cooperate with the ongoing investigation.

Issue for consideration

Whether the Petitioners, who apprehend arrest owing to arraignment of the enhanced offence under Section 326 IPC in the charge sheet, are entitled to be released on bail upon surrender in connection with C.T. Case No.778 of 2024.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

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

Key takeaways

The Petitioner shall cooperate with the ongoing investigation.ratio¶31

Detailed headnote1 paragraphs

Anticipatory bail — High Court of Orissa, V. Narasingh, J. (22.04.2025), ABLAPL No. 2377 of 2025 — Nine Petitioners, already on bail (Petrs 1–6 via order dated 16.05.2024 in ABLAPL No.4834 of 2024; Petrs 7–9 by the trial Court), apprehended arrest because the charge sheet in C.T. Case No.778 of 2024 (S.D.J.M., Jajpur), arising out of Bari Ramachandrapur P.S. Case No.155 of 2024 (offences u/SS. 294/341/324/506/34 IPC), arrayed the higher offence u/S. 326 IPC — Court, noting counsel's invocation of Sushila Aggarwal v. State (NCT of Delhi), (2020) 5 SCC 1, directs that on surrender within three weeks and moving for bail the Petitioners be released on bail by the Court in seisin on just and proper terms, subject to the trial Court verifying whether the earlier High Court order has been assailed before the Apex Court, and directing cooperation with investigation — ABLAPL disposed of.

A

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2377 of 2025

1. Ankuri @ Ankura Malik

…. Petitioners

2. Makar Malik

3. Muturi Malik

4. Basanta Malik

5. Parsuram Malik

6. Huli Malik @ Anita Malik

7. Banita Malik

8. Rupa @ Rupali Mailk

9. Sunakar Malik

Mr. A.K. Sahoo, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH

ORDER

22.04.2025

Order No.

01. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.778 of 2024 pending on the file of learned S.D.J.M., Jajpur, arising out of Bari Ramachandrapur P.S. Case No.155 of 2024 for commission of offences punishable under Sections 294/341/324/506/34 of IPC.

It is submitted by the learned counsel that Petitioners 1 to 6 were released on anticipatory bail in terms of order dated 16.05.2024 passed by this Court

Page 1 of 2

in ABLAPL No.4834 of 2024 and Petitioners 7 to 9 were released on bail by the learned Court in seisin.

Learned counsel for the Petitioners submits that while filing the charge sheet, higher offence under Section 326 of IPC has been arrayed against the accused persons. Hence, the Petitioners are apprehending arrest.

Keeping in view the dictum of the Apex Court in the case of Sushila Aggarwal and others vs. State (NCT of Delhi) and another , (2020) 5 SCC 1, learned counsel for the State submits that the apprehension of arrest is misconceived.

Be that as it may, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Before releasing the learned Court shall verify as to whether order of this Court 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. 9. Accordingly, the ABLAPL stands disposed of. U.C.C. as per rules.

Signature Not Verified

Digitally Signed (V. NARASINGH)

Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 24-Apr-2025 10:46:47

Judge

Ayesha

Page 2 of 2

Issues for consideration

1 issue framed by the court

AI extract

1.
Whether the Petitioners, who apprehend arrest owing to arraignment of the enhanced offence under Section 326 IPC in the charge sheet, are entitled to be released on bail upon surrender in connection with C.T. Case No.778 of 2024.¶23
The court held
On surrendering within three weeks and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.ratio¶29

Cases cited

Colour shows how this judgement treated each authority

AI extract

Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶28
(2020) 5 SCC 1 · Who else cites this

Statutes considered

2 provisions across 1 enactments

AI extract

Indian Penal Code294, 341, 324, 506, 34¶23 326¶27

Procedural history

How this case reached the court

AI extract

Prior proceeding
Pre-arrest bail sought in connection with C.T. Case No.778 of 2024 pending before learned S.D.J.M., Jajpur, arising out of Bari Ramachandrapur P.S. Case No.155 of 2024, for offences punishable under Sections 294/341/324/506/34 of IPC.¶23
Prior proceeding
Petitioners 1 to 6 were earlier released on anticipatory bail by order dated 16.05.2024 of this Court in ABLAPL No.4834 of 2024.¶24
Prior proceeding
Petitioners 7 to 9 were earlier released on bail by the learned Court in seisin.¶26
Prior proceeding
While filing the charge sheet, a higher offence under Section 326 of IPC was arrayed against the accused persons, causing the Petitioners to apprehend arrest.¶27

Parties & counsel

AI extract

petitioner
Ankuri @ Ankura Malik¶3
Mr. A.K. Sahoo
petitioner
Makar Malik¶5
Mr. A.K. Sahoo
petitioner
Muturi Malik¶6
Mr. A.K. Sahoo
petitioner
Basanta Malik¶7
Mr. A.K. Sahoo
petitioner
Parsuram Malik¶8
Mr. A.K. Sahoo
petitioner
Huli Malik @ Anita Malik¶9
Mr. A.K. Sahoo
petitioner
Banita Malik¶10
Mr. A.K. Sahoo
petitioner
Rupa @ Rupali Mailk¶11
Mr. A.K. Sahoo
petitioner
Sunakar Malik¶12
Mr. A.K. Sahoo
respondent
State of Odisha¶15
Mr. C.R. Swain, AGA

Coram

AI extract

Justice V. Narasinghauthor¶18

Case details

As recorded by the court registry

Court: Orissa HC
Decided on: 22 Apr 2025 · April
Registered: 3 Mar 2025
Case no.: ABLAPL/2377/2025
CNR: ODHC010145282025
Bench: V. Narasingh
Disposal: Disposed Off
Case type: ABLAPL

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Cite this judgement

Ankuri @ Ankura Malik v. State of Odisha, ABLAPL/2377/2025 (OD), decided on 22 April 2025.

The High Court of Orissa publishes no neutral citation for this judgement — cite it by case number and date of decision.

Cases cited1

Sushila Aggarwal and others vs. State (NCT of Delhi) and anotherReferred¶28

Open Authorities

Statutes2

Indian Penal Code294, 341, 324, 506, 34 · 326

View all statutes

Procedural history4

Pre-arrest bail sought in connection with C.T. Case No.778 of 2024 pending before learned S.D.J.M., Jajpur, arising out of Bari Ramachandrapur P.S. Case No.155 of 2024, for offences punishable under Sections 294/341/324/506/34 of IPC.
Petitioners 1 to 6 were earlier released on anticipatory bail by order dated 16.05.2024 of this Court in ABLAPL No.4834 of 2024.

View full history

Bench / Coram

Justice V. Narasingh

Parties & counsel