Manoj Kabi Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Manoj Kabi Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Pre-arrest bail refused; however, Petitioners No.2 and 3, upon surrender within four weeks, to be released on bail by the court in seisin subject to verification of criminal antecedents (order standing revoked if antecedents are found); Petitioner No.1 to surrender within four weeks with first-hour consideration of his bail application and liberty to move the higher forum in the second hour for same-day disposal on parity principles; case diary to be made available and records transmissible at Petitioner No.1's cost.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail under Section 482 of B.N.S.S., 2023 in connection with Nihalprasad P.S. Case No.250 of 2024 (G.R. Case No.615 of 2024).

Court's answer

Pre-arrest bail is declined to the Petitioners, having regard to the nature of allegation, gravity of offence and the surrounding facts of the case.

Ratio / Principle

Petitioners No.2 and 3 are permitted to surrender before the court in seisin within four weeks and, on moving a bail application, shall be released on bail on terms the court deems just and proper.

Key takeaways

The release direction for Petitioners No.2 and 3 is conditional: if the court below finds they have any criminal antecedent, the order automatically stands revoked, and violation of any term or condition entails cancellation of bail.ratio¶23
Petitioner No.1 is directed to surrender before the learned J.M.F.C., Gondia within four weeks and move for bail; the Magistrate is to consider the application in the first hour strictly on the materials on record, and if rejected, he may move the higher forum in the second hour, which shall dispose of it the same day on the materials on record, maintaining the principles of parity, if applicable.ratio¶24

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 of B.N.S.S., 2023 sought by three Petitioners in Nihalprasad P.S. Case No.250 of 2024, corresponding to G.R. Case No.615 of 2024 (alleged offences punishable under Sections 303(2)/61(2)/62/223/3(5) of B.N.S., 2023), pending before the learned J.M.F.C., Gondia. Pre-arrest bail declined considering the nature of allegation, gravity of offence and surrounding facts. Petitioners No.2 and 3: to surrender within four weeks and, on moving for bail, to be released by the court in seisin on suitable terms, subject to verification of criminal antecedents, failing which the order automatically stands revoked; violation entails cancellation. Petitioner No.1: to surrender before the learned J.M.F.C., Gondia within four weeks; bail to be considered in the first hour strictly on the materials on record; if rejected, he may move the higher forum in the second hour for same-day disposal maintaining parity, if applicable. Case diary to be made available on prior application; records to the higher forum at Petitioner No.1's cost. Application disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.522 of 2025

1) Manoj Kabi

2) Bhimasen Swain 3)Kirti Ranjan Beuria

.....

Petitioners

Represented By Adv. -

Mr. Naba Kishore Guru

-versus-

The State Of Odisha

..... Opposite Party

Represented By Adv. –

Mr. S.K. Parhi, ASC

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

12.02.2025

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 present application has been filed under Section 482 of B.N.S.S., 2023 by the Petitioners seeking pre-arrest bail in connection with Nihalprasad P.S. Case No.250 of 2024, corresponding to G.R. Case No.615 of 2024, pending in the court of learned J.M.F.C., Gondia, registered for alleged commission of offences punishable under Sections 303(2)/61(2)62/223/3(5) of B.N.S., 2023.

Considering the nature of allegation, gravity of offence and the surrounding facts of the case, I am not inclined to grant

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pre-arrestbail to the Petitioners. However, it is directed that in the event the Petitioners No.2 and 3 surrender before the Court in seisin over the matter withina period of four weeks from today and move an application for bail, the Court in seisin over the matter shall release them on bail inconnection with the aforesaid case on such terms and conditions as itmay deem just and proper in the facts and circumstances of the case, but subject to verification of criminal antecedent of the Petitioners No.2 and 3. In the event it is found by the court below that the Petitioners No.2 and 3 are having any criminal antecedent, then this order shall automatically stand revoked. Violation of any of the terms and conditions shall entail cancellation of bail.

So far Petitioner No.1 is concerned, he is directed to surrender before the learned J.M.F.C., Gondia 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 No.1 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 No.1 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 on an application being filed prior to surrender of the Petitioner No.1. Records be transmitted to the higher forum at the cost of

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the Petitioner No.1, if applied for.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy of the order as per Rules.

( A.K. Mohapatra) Judge

Debasis

Signature Not Verified

Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 14-Feb-2025 15:34:21

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