Indrajit Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Indrajit Sahu Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No anticipatory bail granted or refused; Petitioners to surrender before the learned S.D.J.M., Boudh within one month; any bail motion to be considered on merits in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour the same day for same-day disposal; ground of parity left to the courts below.

Issue for consideration

Whether pre-arrest (anticipatory) bail should be granted to the Petitioners in connection with C.T. Case No. 41 of 2023 (Baunsuni P.S. Case No. 32 of 2023) before the learned S.D.J.M., Boudh.

Court's answer

On a conspectus of materials on record, the ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned S.D.J.M., Boudh.

Ratio / Principle

The surrender is to be within one month from the date of the order.

Key takeaways

Upon surrender and motion for bail, the learned S.D.J.M., Boudh shall consider the bail prayer on merits in the first hour of the day.ratio¶19
If the S.D.J.M., Boudh rejects the bail prayer, the Petitioners are at liberty to move the higher forum for bail in the second hour on the same day.ratio¶20
The higher forum is requested to endeavour to dispose of the Petitioners' bail application on the same day.

Detailed headnote1 paragraphs

Orissa High Court (Justice V. Narasingh), ABLAPL No. 404 of 2025, order dated 02.04.2025: anticipatory bail application of Indrajit Sahu and Manaranjan Barik in connection with C.T. Case No. 41 of 2023 (arising out of Baunsuni P.S. Case No. 32 of 2023) pending before the learned S.D.J.M., Boudh, for offences punishable under Sections 143/148/341/323/307/186/283/149 IPC, disposed of without granting or refusing pre-arrest bail. Petitioners directed to surrender within one month; bail motion, if made, to be considered on merits by the S.D.J.M., Boudh in the first hour of the day; upon rejection, liberty to move the higher forum in the second hour the same day, with a request to the higher forum for same-day disposal; case diary to be made available and case record transmitted on rejection; ground of parity, if any, left for consideration by the courts below. Co-accused orders dated 01.11.2023 (ABLAPL No. 10860 of 2023) and 13.01.2025 (ABLAPL No. 14744 of 2024) noted on parity submission of counsel.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 404 of 2025

1. Indrajit Sahu

Petitioners

2. Manaranjan Barik

Mr. G.P. Panda, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. R.B. Dash, ASC

CORAM: JUSTICE V. NARASINGH ORDER

02.04.2025 Order No.

01. 1. Heard learned counsel for the Petitioners and

learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.41 of 2023 pending on the file of learned S.D.J.M., Boudh, arising out of Baunsuni P.S. Case No.32 of 2023 for commission of offences punishable under Sections 143/148/341/323/307/186/283/149 of IPC.

It is submitted by the learned counsel that the anticipatory bail applications of the co-accused persons have been disposed of by this Court by order dated 01.11.2023 in ABLAPL No.10860 of 2023 and by order dated 13.01.2025 in ABLAPL No.14744 of 2024.

On a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioners may surrender before the learned

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S.D.J.M., Boudh in connection with the aforementioned case within one month from today.

In the event of their surrender and motion for bail, the same be considered by the learned S.D.J.M., Boudh on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned S.D.J.M., Boudh, the Petitioners are 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 endeavour to dispose of the bail application of the Petitioners on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioners and learned S.D.J.M., Boudh 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. 7. U.C.C. as per rules.

Signature Not Verified (V. NARASINGH) Digitally Signed Judge

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Ayesha Location: High Court of Orissa, C utta ck Date: 03-Apr-2025 18:18:20

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