Ananda Kumar Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Ananda Kumar Sahoo Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

No pre-arrest bail granted; the Court declined to entertain the anticipatory bail application in view of criminal antecedents, but directed surrender within one month before the learned SDJM, Puri, first-hour consideration of bail on merits, liberty to approach the higher forum in the second hour on the same day, an endeavour at same-day disposal by the higher forum, and availability of the case diary to the concerned courts.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail in connection with G.R. Case No.231 of 2025 (arising out of Kumbharpada P.S. Case No.93 of 2025) despite his criminal antecedents.

Court's answer

Taking note of the Petitioner's criminal antecedents, the Court was not inclined to entertain the application for pre-arrest bail.

Ratio / Principle

The Petitioner was directed to surrender before the learned SDJM, Puri in connection with the aforementioned case within one month.

Key takeaways

Upon surrender and motion for bail, the learned SDJM, Puri is to consider the bail prayer on merits in the first hour of the day.ratio¶26
If bail is rejected by the learned SDJM, Puri, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶27
The higher forum, when moved, is requested to endeavour to dispose of the Petitioner's bail application on the same day on merit in accordance with law.

Detailed headnote1 paragraphs

Pre-arrest bail (ABLAPL) sought in G.R. Case No.231 of 2025 / Kumbharpada P.S. Case No.93 of 2025 for offences under Sections 115(2)/303(2) & 76 of BNS, 2023 was declined by the High Court of Orissa in view of the Petitioner's criminal antecedents in three earlier cases (two under the IPC and one under the BNS). The Petitioner was directed to surrender before the learned SDJM, Puri within one month; his bail motion is to be considered on merits in the first hour of the day; if rejected, he may move the higher forum in the second hour on the same day, which is requested to endeavour same-day disposal on merit; the case diary is to be made available to the concerned courts and the trial court is to transmit the record to the higher forum if bail is rejected.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.4202 of 2025

Ananda Kumar Sahoo

Petitioner

Mr. A. Mohanty, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S.K Lenka, ASC

CORAM: JUSTICE V. NARASINGH ORDER

16.07.2025

Order No.

03.

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.231 of 2025 pending in the Court of learned SDJM, Puri, arising out of Kumbharpada P.S. Case No.93 of 2025 for commission of offence punishable under Sections 115(2)/303(2) & 76 of BNS, 2023.

It is submitted by the learned counsel for the Petitioner that because of the owner of the tent house, the Petitioner has been falsely implicated in the case at hand. Hence, he may be protected by pre-arrest bail.

Such submission is opposed by the learned counsel for the State.

It is also brought to the notice of this Court that the Petitioner has following criminal antecedents.

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“xxx xxx xxx

Kumbharapada PS Case No. 50 of 2009 U/S323/341/384/427/34 of IPC.

Kamakhyanagar PS Case No. 125 of 2021 U/S294/323/354/506 of IPC.

Kamakhyanagar PS Case No. 83 of 2025 U/S 296/79/115(2)/118(1)/351(3) of BNS.

xxx xxx xxx”

Taking note of the same, this Court is not inclined to entertain the application for pre-arrest bail. However, it is directed that the Petitioner may surrender before the learned SDJM, Puri 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 SDJM, Puri on merits, in the first hour of the day.

In the event of rejection of the prayer for bail by the learned SDJM, Puri, 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 endeavour to dispose of the bail application of the Petitioner on the same day on merit in accordance with law. `

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The case diary shall be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned SDJM, Puri is called upon to transmit the case record to the higher forum at the earliest in the event of rejection of such bail application.

Accordingly, the ABLAPLs stand disposed of.

U.C.C. as per rules.

(V. NARASINGH)

Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 17-Jul-2025 20:02:44

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