Suresh Chandra Chatoi @ Suresh Kumar Chhatoi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Suresh Chandra Chatoi @ Suresh Kumar Chhatoi Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Relief confined to Petitioner Nos.2 & 3: on surrendering within three weeks and moving for bail, they are to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to verification of any challenge to this order before the Apex Court and cooperation with the ongoing investigation; the ABLAPL stands rejected in respect of Petitioner Nos.1 & 4, and the ABLAPL otherwise stands disposed of.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.391 of 2025 (arising out of Delanga P.S. Case No.156 of 2025) for offences punishable under Sections 329(4)/115(2)/118(1)/351(2)/296/3(5) of BNS.

Court's answer

On consideration of the statement of the injured and the injury report, the Court was not inclined to entertain the ABLAPL, and accordingly the ABLAPL stands rejected in respect of Petitioner Nos.1 & 4 (Suresh Chandra Chatoi @ Suresh Kumar Chhatoi and Subrat Chatoi @ Chhatoi).

Ratio / Principle

Insofar as Petitioner Nos.2 & 3 (Prangya Paramita Chatoi @ Chhatoi and Tulasi Chatoi @ Chhatoi) are concerned, taking into account the nature of allegations, they were directed to surrender within three weeks and, on moving for bail, shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Key takeaways

As a condition precedent to release, the learned Court in seisin shall verify whether the order of this Court has been assailed before the Apex Court and, if so, the result thereof.ratio¶¶23
Petitioner Nos.2 & 3 shall cooperate with the ongoing investigation.obiter¶¶25

Detailed headnote1 paragraphs

Pre-arrest bail (ABLAPL No. 5632 of 2025) sought in G.R. Case No.391 of 2025 (J.M.F.C., Pipili), arising out of Delanga P.S. Case No.156 of 2025, for offences under Sections 329(4)/115(2)/118(1)/351(2)/296/3(5) BNS. Counsel pleaded exaggerated allegations due to a counter case; submission opposed by State and Informant. Considering the injured's statement and injury report, bail was refused and the ABLAPL rejected for Petitioner Nos.1 & 4 (Suresh Chandra Chatoi @ Suresh Kumar Chhatoi; Subrat Chatoi @ Chhatoi). For Petitioner Nos.2 & 3 (Prangya Paramita Chatoi @ Chhatoi; Tulasi Chatoi @ Chhatoi), the Court directed surrender within three weeks and release on bail by the Court in seisin on just terms, conditioned on verification whether the order had been assailed before the Apex Court, and requiring cooperation with the ongoing investigation; ABLAPL disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 5632 of 2025

1. Suresh Chandra Chatoi …. Petitioners @ Suresh Kumar Chhatoi

2. Prangya Paramita Chatoi @ Chhatoi

3. Tulasi Chatoi @ Chhatoi

4. Subrat Chatoi @ Chhatoi

Mr. K.P. Mohanty, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. S.K. Brahma, ASC Mr. A.K. Budhia, Adv.(Informant)

CORAM: JUSTICE V. NARASINGH ORDER

11.07.2025

Order No.

Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.

02.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.391 of 2025 pending on the file of learned J.M.F.C., Pipili, arising out of Delanga P.S. Case No.156 of 2025 for commission of offences punishable under Sections 329(4)/115(2)/ 118(1)/351(2)/296/3(5) of BNS.

It is submitted by the learned counsel for the Petitioners that because of the counter case exaggerated allegations have been made. Hence, the Petitioners may be protected by pre-arrest bail.

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Such submission is opposed by the learned counsel for the State as well as Informant. 5. This Court perused the statement of the injured as well as injury report. 6. On consideration of the same, this Court is not inclined to entertain the ABLAPL in respect of Petitioner Nos.1 & 4 (Suresh Chandra Chatoi @ Suresh Kumar Chhatoi & Subrat Chatoi @ Chhatoi respectively).

Accordingly, the ABLAPL in respect of Petitioner Nos.1 & 4 (Suresh Chandra Chatoi @ Suresh Kumar Chhatoi & Subrat Chatoi @ Chhatoi respectively) stands rejected.

So far as Petitioner Nos.2 & 3 are concerned, taking into account the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.2 & 3 (Prangya Paramita Chatoi @ Chhatoi & Tulasi Chatoi @ Chhatoi respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Before releasing the said Petitioners learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.

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It is needless to state that the Petitioner Nos.2 & 3 shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Ayesha

Signature Not Verified

Digitally Signed Signed by: AYESHA ROUT Reason: Authentication Location: High Court of Orissa, C utta ck Date: 11-Jul-2025 20:12:35

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