Basanta Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Basanta Jena Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Pre-arrest bail granted: on surrendering within three weeks and moving for bail, the Petitioners to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to the special periodic police-station appearance condition on Petitioner No.1 (Basanta Jena) and cooperation with the ongoing investigation.

Issue for consideration

Whether the Petitioners are entitled to pre-arrest bail in connection with G.R. Case No.559 of 2025 (arising out of Cuttack Sadar P.S. Case No.276 of 2025) pending before the learned JMFC Rural, Cuttack.

Ratio / Principle

Taking into account the nature of allegations and the submissions of counsel, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Key takeaways

In view of the criminal proclivity of Petitioner No.1 (Basanta Jena) as stated by learned counsel, he shall appear before the jurisdictional police station twice every month till submission of final form and thereafter once every month post filing of the charge sheet, on date and time fixed by the learned Court in seisin, with certification of such appearance submitted to the Court in seisin.ratio¶22
The Petitioners shall cooperate with the ongoing investigation.ratio¶22

Detailed headnote1 paragraphs

Anticipatory bail — ABLAPL disposed of — Four petitioners sought pre-arrest bail in G.R. Case No.559 of 2025 (arising out of Cuttack Sadar P.S. Case No.276 of 2025) for offences punishable under Sections 296/351(2)/132/115(2) & 3(5) of BNS pending before the learned JMFC Rural, Cuttack — Held: taking into account the nature of allegations and submissions of counsel, on surrendering within three weeks and moving for bail, the petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper — In view of the criminal proclivity of Petitioner No.1 (Basanta Jena) as stated by counsel, he is directed to appear before the jurisdictional police station twice every month till submission of final form and once every month post filing of the charge sheet, with certification of appearance to the Court — Petitioners to cooperate with the ongoing investigation.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.6631 of 2025

1. Basanta Jena

Petitioners

2. Ananta Jena

3. Jayanta Jena

4. Biswarnajna @ Santosh Jena

Mr. S.K Mahanty, Advocate

-versus-

State of Odisha

Opposite Party

Mr. S.K Lenka, ASC

CORAM: JUSTICE V. NARASINGH ORDER

07.08.2025

Order No.

02. 1. Heard learned counsel for the Petitioners and learned counsel for the State.

The Petitioners are seeking pre-arrest bail in connection with G.R. Case No.559 of 2025 pending in the Court of learned JMFC Rural, Cuttack arising out of Cuttack Sadar P.S. Case No.276 of 2025 for commission of offence punishable under Sections 296/ 351(2)/ 132/ 115(2) & 3(5) of BNS.

Learned counsel for the State opposes the prayer.

Taking into account the nature of allegations and the submissions made by the learned counsel for the Petitioners, it is directed that on surrendering within three weeks hence and moving for bail, the

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Petitioners shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Keeping in view the criminal proclivity of the Petitioner No.1 (Basanta Jena) as stated by the learned counsel, it is directed that the Petitioner No.1 (Basanta Jena) shall appear before the jurisdictional police station twice every month till the submission of final form and thereafter once every month post filing of the charge sheet on such date and time to be fixed by the learned Court in seisin. Certification of such appearance shall be submitted to the Court in seisin. 6. It is needless to state that the Petitioners shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of.

(V. NARASINGH) Judge

Soumya

Signature Not Verified

Digitally Signed Signed by: SOUMYA RANJAN SAMAL Reason: Authentication Location: High Court of Orissa Date: 07-Aug-2025 20:44:25

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