Sanuja Kumar Nahaka Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Sanuja Kumar Nahaka Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Conditional release on bail: upon surrender within three weeks and moving for bail, the Petitioner to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedents of similar nature (order inoperative if such antecedents surface) and cooperation with the ongoing investigation.

Issue for consideration

Whether the Petitioner, arraigned in G.R. Case No.1658 of 2019 (Talcher P.S. Case No.389 of 2019) for an offence punishable under Section 409 IPC, with a charge sheet filed citing him as an absconder and an NBW-A issued against him, is entitled to pre-arrest bail.

Court's answer

On surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedents of a similar nature.

Ratio / Principle

If it comes to the fore that the Petitioner has any such criminal antecedent of a similar nature, the bail direction shall not be given effect to.

Key takeaways

The Petitioner shall cooperate with the ongoing investigation.ratio¶24

Detailed headnote1 paragraphs

Pre-arrest bail — Petitioner sought anticipatory bail in G.R. Case No.1658 of 2019 (arising out of Talcher P.S. Case No.389 of 2019) for an offence punishable under Section 409 IPC — Charge sheet filed on 25.12.2020 citing the Petitioner as an absconder and NBW-A issued against him — Informant served but absent — Held: considering the nature of allegations and punishment prescribed, on surrender within three weeks and moving for bail, the Petitioner to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of criminal antecedents of similar nature; if such antecedents come to the fore, the order shall not be given effect to; Petitioner to cooperate with the ongoing investigation — ABLAPL disposed of (V. Narasingh, J.).

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.3301 of 2025

Sanuja Kumar Nahaka …. Petitioner

Mr. B.S. Panigrahi, Advocate

-versus-

State of Odisha

…. Opposite Party Mr. S. Panigrahi, ASC

CORAM: JUSTICE V. NARASINGH

ORDER

Order

18.08.2025

No.

04.

Learned counsel for the State on instruction submits that in the case at hand notice has been served on the informant.

There is no appearance on behalf of the Informant when the matter is called.

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

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.1658 of 2019 pending on the file of learned S.D.J.M., Talcher arising out of Talcher P.S. Case No.389 of 2019 for commission of offences punishable under Sections 409 of IPC.

It is noted by this Court that in the meanwhile charge sheet in the case at hand has

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been filed on 25.12.2020 citing the Petitioner as an absconder.

It is further submitted by the learned counsel that in the meanwhile NBW-A has been issued against the present Petitioner.

Learned counsel for the State opposes the prayer for pre-arrest bail referring to the same. 8. Considering the rival contentions, taking into account the nature of allegations and the punishment prescribed, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper subject to verification of criminal antecedent of similar nature.

If it comes to the fore that the Petitioner has any such criminal antecedent, this order shall not be given effect to.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation. 11. Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Jina

Signature Not Verified

Digitally Signed Signed by: JINA DIGAL Reason: Authentication Location: High Court of Orissa Date: 20-Aug-2025 13:22:48

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