Tapan Sutradhar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Tapan Sutradhar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Anticipatory bail declined; liberty to surrender before the learned Magistrate within 21 working days and move for bail (first-hour consideration on the materials on record); on rejection, the higher forum to consider and dispose of the application the same day maintaining parity, if applicable; case diary to be made available to the concerned courts; records transmissible to the higher forum at the Petitioner's cost, if applied for; urgent certified copy ordered.

Issue for consideration

Whether anticipatory bail should be granted to the Petitioner apprehending arrest for alleged offences under Sections 142/126(2)/115(2)/304/3(5) BNS in G.R. Case No.1976 of 2024 (arising out of Keonjhar Town P.S. Case No.633 of 2024).

Court's answer

This Court is not inclined to grant anticipatory bail to the Petitioner.

Ratio / Principle

The Petitioner is given liberty to surrender before the learned court in seisin over the matter within 21 working days and move for bail; the learned Magistrate shall consider his bail application in the first hour strictly on the basis of the materials on record.

Key takeaways

In case of rejection of the bail application by the Magistrate, the Petitioner may move for bail before the higher forum in the second hour.ratio¶21
The higher forum shall consider and dispose of the Petitioner's bail application on the same day strictly on the basis of the materials on record, maintaining the principles of parity, if applicable.ratio¶21

Detailed headnote1 paragraphs

Anticipatory Bail — Application disposed of by declining anticipatory bail to the petitioner apprehending arrest for alleged offences under Sections 142, 126(2), 115(2), 304 and 3(5) BNS in G.R. Case No.1976 of 2024 (S.D.J.M., Keonjhar) arising out of Keonjhar Town P.S. Case No.633 of 2024. Noting that some co-accused had been enlarged on bail in ABLAPL No.39 of 2025 (order dated 06.01.2025) and the petitioner claimed a similar footing, the Court granted liberty to surrender within 21 working days and move for bail, directing that the Magistrate consider the application in the first hour strictly on the materials on record and, upon rejection, that the higher forum consider and dispose of it the same day maintaining the principles of parity, if applicable; case diary to be made available to the concerned courts and records transmissible to the higher forum at the petitioner's cost.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.443 of 2025

Tapan Sutradhar

.....

Petitioner

Represented By Adv. - Partha Sarathi Das

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – M.R.Mohanty, A.G.A.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

15.01.2025

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

Heard learned counsel for both the parties and perused the records.

The Petitioner is apprehending arrest for the alleged commission of offence under Sections 142/126(2)/115(2)/304/3(5)of B.N.S. in G.R. Case No.1976 of 2024 of the Court of the learned S.D.J.M., Keonjhar arising out of Keonjhar Town P.S. Case No.633 of 2024.

It is stated by learned counsel for the Petitioner that some of the co-accused persons have already been enlarged on bail by this Court in ABLAPL No.39 of 2025 vide order dated 06.01.2025. He further contended that the present Petitioner stands in a similar

Page 1 of 2.

footing with the other co-accused persons.

Considering the aforesaid facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider his application for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

Case Diary be made available to the concerned courts. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of the order as per Rules.

( A.K Mohapatra ) Judge

Anil

Signature Not Verified Page 2 of 2. Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 16-Jan-2025 14:10:26