Saroj Samal @ Mantu Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Saroj Samal @ Mantu Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail declined; Petitioner directed to surrender before learned J.M.F.C.-V, Bhubaneswar within four weeks and move for bail, to be considered in the first hour on the materials on record; on rejection, the higher forum to consider and dispose of the bail application in the second hour on the same day maintaining principles of parity, if applicable; Case Diary including injury report to be made available to the concerned courts; urgent certified copy as per Rules.

Issue for consideration

Whether the Petitioner should be granted pre-arrest bail under Section 482 of B.N.S.S. in connection with Airport P.S. Case No.02 of 2025 (C.T. Case No.16 of 2025) pending before learned J.M.F.C.-V, Bhubaneswar.

Court's answer

The Court declined to grant pre-arrest bail to the Petitioner, considering the facts of the case.

Ratio / Principle

As a protective measure, on the submission of counsel, the Petitioner was directed to surrender before learned J.M.F.C.-V, Bhubaneswar within four weeks and move for bail; the Magistrate is to consider the bail application in the first hour strictly on the materials on record, and if rejected, the Petitioner may move the higher forum in the second hour, which shall dispose of the application the same day strictly on the materials on record, maintaining the principles of parity, if applicable.

Key takeaways

The Case Diary including the injury report is to be made available to the concerned courts on an application filed prior to the Petitioner's surrender, and records are to be transmitted to the higher forum at the cost of the Petitioner, if applied for.ratio¶23

Detailed headnote1 paragraphs

Anticipatory bail (pre-arrest bail) under Section 482 of B.N.S.S. sought in connection with Airport P.S. Case No.02 of 2025 / C.T. Case No.16 of 2025 pending before learned J.M.F.C.-V, Bhubaneswar, for alleged offences under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of B.N.S., 2023 read with Section 27 of the Arms Act, 1959. The High Court of Orissa declined pre-arrest bail but, on counsel's submission, directed the Petitioner to surrender within four weeks and move for bail, with the Magistrate to consider the application in the first hour strictly on the materials on record; upon rejection, the higher forum was to dispose of the bail application in the second hour on the same day, maintaining principles of parity, if applicable. Case Diary including the injury report to be made available to the concerned courts; ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.467 of 2025

Saroj Samal @ Mantu

..... Petitioner

Represented By Adv. – Mr. Bijay Kumar Behera

-versus-

State Of Odisha

..... Opposite Party

Represented By Adv. –

Smt. Siva Mohanty, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

16.04.2025

Order No.

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

Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel appearing for the State-Opposite Party.

The present application has been filed under Section 482 of B.N.S.S. by the Petitioner seeking pre-arrest bail in connection with Airport P.S. Case No.02 of 2025, corresponding to C.T. Case No.16 of 2025, pending in the court of learned J.M.F.C.-V, Bhubaneswar, registered for alleged commission of offences punishable under Sections 126(2)/118(1)/117(2)/109/351(2)/3(5) of B.N.S., 2023 read with Section 27 of the Arms Act, 1959.

Considering the facts of the case, this Court is not inclined to grant pre-arrest bail to the Petitioner.

However, on the submission of the learned counsel for the

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Petitioner, the Petitioner is directed to surrender before the learned J.M.F.C.-V, Bhubaneswar in the aforesaid case in the first hour within four weeks 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 including the injury report be made available to the concerned courts on an application being filed prior to surrender of the Petitioner before the court below. 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 this order as per Rules.

( Aditya Kumar Mohapatra) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 21-Apr-2025 10:24:08

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