Abakash Roul Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Abakash Roul Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail declined; however, the Petitioner is to be released on bail on such terms and conditions as the learned Magistrate may deem just and proper if he surrenders and moves for bail before the court in seisin within three weeks, subject to verification of criminal antecedents (with automatic revocation of this order if any similar antecedent exists).

Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482, B.N.S.S. in respect of the offence punishable under Sections 52(a)(i) of the Odisha Excise Act in 2(a)C.C. No.225 of 2024.

Court's answer

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the Court was not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

However, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper; violation of any term or condition shall entail cancellation of the bail.

Key takeaways

The bail granted pursuant to this order is subject to verification of criminal antecedents; in the event the Petitioner is found to have any similar criminal antecedent, this order stands automatically revoked.ratio¶20

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, B.N.S.S. sought by the petitioner in respect of an offence punishable under Sections 52(a)(i) of the Odisha Excise Act, arising out of Excise Bhubaneswar Range-1 P.R No. 124/2024-25 in 2(a)C.C. No.225 of 2024 pending before the learned J.M.F.C.(O), Bhubaneswar. Considering the seriousness of the allegation, gravity of the offence and the facts of the case, the High Court declined anticipatory bail, but directed that if the petitioner surrenders and moves for bail before the court in seisin within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate deems just and proper, violation entailing cancellation. The bail is subject to verification of criminal antecedents, and the order stands automatically revoked if the petitioner is found to have any similar criminal antecedent.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.28 of 2025

Abakash Roul

..... Petitioner

Represented By Adv. - Saibrata Rath

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – S.K.Parhi, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

06.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 52 (a)(i) of Odisha Excise Act in 2(a)C.C. No.225 of 2024 of the Court of learned J.M.F.C.(O), Bhubaneswar arising out of Excise Bhubaneswar Range-1; P.R No. 124/2024-25.

Considering the seriousness of the allegation, gravity of the offence and the facts of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned court in seisin over the matter within a period of three weeks from

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today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the Petitioner is subject to verification of criminal antecedent. In the event, the Petitioner is having any similar criminal antecedent, then this order stands automatically revoked.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra) Judge

Anil

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 07-Jan-2025 16:14:14