Dusmanta Gadanayak @ Garanyak Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Dusmanta Gadanayak @ Garanyak Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Direct anticipatory bail refused; conditional relief directed — petitioner to surrender and move for bail before the court in seisin within three weeks, to be released on bail on terms deemed just and proper by the learned Magistrate, subject to verification of criminal antecedents (automatic revocation if any antecedent exists).

Issue for consideration

Whether anticipatory bail under Section 438 Cr.P.C. should be granted to the petitioner in respect of the offences punishable under Sections 341, 323, 294 and 506 IPC (Pallahara P.S. Case No.109 of 2018 / G.R. Case No.170 of 2018, S.D.J.M. Pallahara).

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

In the event the petitioner surrenders and moves for bail before the 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 of the terms and conditions shall entail cancellation of the bail.

Key takeaways

The bail is subject to verification of criminal antecedent; in the event the petitioner has any criminal antecedent, the order automatically stands revoked.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — application under S.438 Cr.P.C. (ABLAPL No.283 of 2025) by Dusmanta Gadanayak @ Garanyak for offences punishable u/ss 341, 323, 294, 506 I.P.C., arising out of Pallahara P.S. Case No.109 of 2018 and pending as G.R. Case No.170 of 2018 before the learned S.D.J.M., Pallahara. 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 outright; however, it was observed 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 may deem just and proper, violation entailing cancellation. Bail was made subject to verification of criminal antecedents, with automatic revocation of the order if any antecedent exists. The ABLAPL was disposed of accordingly. (Judgment delivered 10.01.2025.)

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.283 of 2025

Dusmanta Gadanayak @ Garanyak

.....

Petitioner

Represented By Adv. - Bharat Bhusan Routray

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – A.Sethy, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR

MOHAPATRA

ORDER

10.01.2025

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 438, Cr.P.C. filed by the Petitioner for anticipatory bail, involving offence punishable under Section 341, 323, 294, 506 of I.P.C. in G.R. Case No.170 of 2018 of the Court of learned S.D.J.M., Pallahara arising out of Pallahara P.S. Case No.109 of 2018.

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

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court in seisin over the matter within a period of three weeks from 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 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: 13-Jan-2025 11:51:42