Adarsh Dubey v. State of Odisha

Orissa HC27 Jan 2025ABLAPL/364/2024

Case brief

AI extract

What is this about?

Anticipatory bail not granted; surrender-and-move-for-bail direction. Keywords: ABLAPL 364/2024; High Court of Orissa at Cuttack; Sashikanta Mishra; Adarsh Dubey; Brajanagar P.S. Case No. 267 of 2023; C.T. Case No. 917 of 2023; JMFC-1 Jharsuguda; Sections 341/323/324/326/307/34 IPC; anticipatory bail; surrender within two weeks; release on bail on terms of the Court below; injury report non-vital injuries; order dated 27.01.2025.

What did the court decide?

Anticipatory bail not granted; liberty given to the petitioners to surrender before the Court below within two weeks from the date of receipt of the certified copy of the order and to move for bail, on which they are to be released on bail on such terms and conditions as the Court below may deem fit and proper to impose. ¶¶18

Adarsh Dubey Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether anticipatory bail should be granted to the petitioners apprehending arrest in Brajanagar P.S. Case No. 267 of 2023 / C.T. Case No. 917 of 2023 (JMFC-1, Jharsuguda) for offences under Sections 341/323/324/326/307/34 IPC.

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Court's answer

Considering the facts placed before it (including the injury report showing several injuries, none vital), the Court was not inclined to grant anticipatory bail to the petitioners; instead it disposed of the application granting them liberty to surrender before the Court below within two weeks from the date of receipt of the certified copy of the order and to move for bail.

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Ratio / Principle

On the petitioners surrendering before the Court below and moving for bail, they shall be released on bail on such terms and conditions as the Court below may deem fit and proper to impose.

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Key takeaways

The Court took into account the injury report of the informant/victim, which revealed several injuries, none of them in vital parts of the body (back, left arm, right palm, left ankle), as the factual basis for its approach.ratio¶¶16

Detailed headnote1 paragraphs

Anticipatory bail (ABLAPL No. 364 of 2024, High Court of Orissa at Cuttack, Sashikanta Mishra, J., order dated 27.01.2025): Petitioners Adarsh Dubey and another, apprehending arrest in Brajanagar P.S. Case No. 267 of 2023 corresponding to C.T. Case No. 917 of 2023 (JMFC-1, Jharsuguda) for offences under Sections 341/323/324/326/307/34 IPC, arising from an alleged attack on the informant with a stone/sword and a knife by a co-accused; the injury report showed several injuries, none vital (back, left arm, right palm, left ankle). The Court was not inclined to grant anticipatory bail and disposed of the application, granting liberty to surrender before the Court below within two weeks of receipt of the certified copy and to move for bail, whereupon they shall be released on bail on such terms and conditions as the Court below may deem fit and proper to impose.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 364 of 2024

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Adarsh Dubey and …. Petitioners another Ms. A.Ray, Advocate -Versus - State of Odisha …. Opposite Party

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Additional Standing Counsel

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CORAM: JUSTICE SASHIKANTA MISHRA

ORDER_

27.01.2025

Order No.

01.

This matter is taken up through hybrid mode.

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Heard learned counsel for the petitioners and learned Addl. Standing counsel for the State.

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The petitioners are apprehending arrest in connection with Brajanagar P.S. Case No. 267 of 2023 corresponding to C.T. Case No. 917 of 2023 pending in the Court of the learned JMFC-1, (Cog. Taking), Jharsuguda for the alleged commission of offence under Sections 341/323/324/326/307/34 of IPC.

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The prosecution case is that on the date of occurrence, while the informant and his brother were sitting in a field along with friends the petitioner and some other persons came on a motorcycle and the petitioner attacked the informant on his head by means of a

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stone but he blocked the sword with his right hand resulting in serious injuries. Thereafter, a co-accused person assaulted the informant by stabbing him with a knife.

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Learned State counsel has obtained the case dairy including the injury report of the informant-victim. The injury report reveals that he sustained several injuries, but none of such injuries are in vital parts of the body. The injuries are on back, left arm, right palm and left ankle.

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Considering the above fact, while not being inclined to grant anticipatory bail to the petitioners, the ABLAPL is disposed of granting liberty to the petitioners to surrender before the Court below within two weeks from the date of receipt of certified copy of this order and to move for bail. In such event, they shall be released on bail on such terms and conditions as the Court below may deem fit and proper to impose.

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