Anil Baral @ Anil Kumar Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Anil Baral @ Anil Kumar Pradhan Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail not granted; Petitioner directed to surrender before the learned J.M.F.C., Begunia within one month, with his bail application to be considered on merits in the first hour of the day and, if rejected, liberty to move the higher forum in the second hour on the same day, which was requested to dispose of the application the same day.

Issue for consideration

Whether the Petitioner, stated to be a first offender, should be protected by pre-arrest (anticipatory) bail in connection with G.R. Case No. 674 of 2023 (arising out of Begunia P.S. Case No. 213 of 2023) pending before the J.M.F.C., Begunia.

Court's answer

Taking into account the nature of the allegations and that the Petitioner is a first offender, the Court disposed of the ABLAPL with the observation that the Petitioner may surrender before the learned J.M.F.C., Begunia in connection with the case within one month.

Ratio / Principle

In the event of the Petitioner's surrender and motion for bail, the learned J.M.F.C., Begunia is to consider the bail application on merits in the first hour of the day.

Key takeaways

If the prayer for bail is rejected by the learned J.M.F.C., Begunia, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶22
On being so moved, the higher forum is requested to endeavour to dispose of the Petitioner's bail application on the same day; the case diary is to be made available to the concerned courts, and the J.M.F.C., Begunia is called upon to transmit the case record to the higher forum at the earliest upon rejection of the bail application.ratio¶¶23

Detailed headnote1 paragraphs

Anticipatory bail — ABLAPL No. 2956 of 2025, High Court of Orissa at Cuttack (V. Narasingh, J.), order dated 09.04.2025 — Anil Baral @ Anil Kumar Pradhan v. State of Odisha: Petitioner, stated to be a first offender, sought pre-arrest bail in G.R. Case No. 674 of 2023 pending before the J.M.F.C., Begunia, arising out of Begunia P.S. Case No. 213 of 2023, for offences punishable under Sections 341/294/323/324/325/326/354/506/34 IPC. Taking into account the nature of the allegations and the first-offender status, the application was disposed of without grant of anticipatory bail, directing surrender before the J.M.F.C., Begunia within one month; on surrender, bail to be considered on merits in the first hour of the day; if rejected, the Petitioner was left free to move the higher forum in the second hour on the same day, which was requested to dispose of the bail application the same day, with the case diary to be made available to the concerned courts and the case record to be transmitted on rejection; ground of parity, if any, left for consideration by the courts below.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 2956 of 2025

Anil Baral @ Anil Kumar Pradhan

Petitioner

Mr. R.R. Ray, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

09.04.2025

Order No.

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

01.

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.674 of 2023 pending in the Court of learned J.M.F.C., Begunia, arising out of Begunia P.S Case No. 213 of 2023 for commission of offences punishable under Section 341/ 294/ 323/ 324/325/326/354/506/34 of IPC.

It is stated by the learned counsel that the Petitioner is the first offender. Hence, he may be protected by pre-arrest bail.

Learned counsel for the State opposes the prayer.

Taking into account the nature of allegations and that the Petitioner is the first offender, the ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned J.M.F.C.,

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Begunia in connection with the aforementioned case within one month from today.

In the event of his surrender and motion for bail, the same be considered by the learned J.M.F.C., Begunia on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned J.M.F.C., Begunia, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.

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., Begunia is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Ground of parity, if any, may be considered by the learned court(s) below at the time of consideration of the bail application.

Accordingly, the ABLAPL stands disposed of.

U.C.C. as per rules.

(V. NARASINGH) Signature Not Verified Digitally Signed Judge

Digitally Signed Signed by: AYESHA ROUT Ayesha Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Apr-2025 10:55:06

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