Tapu Prasad Nayak @ Tapu Nayak v. State of Odisha

Orissa HC26 Mar 2025ABLAPL/680/2025

Case brief

AI extract

What is this about?

ABLAPL No.680 of 2025; Tapu Prasad Nayak @ Tapu Nayak v. State of Odisha; Justice V. Narasingh; Orissa High Court; pre-arrest bail; G.R Case No.1001 of 2024; Khurda Model P.S. Case No.443 of 2024; S.D.J.M. Khurda; Sections 109/115(2)/296/3(5)/333/351(3) BNS; surrender within one month; first-hour and second-hour bail consideration; same-day disposal by higher forum; case diary; ground of parity.

What did the court decide?

Pre-arrest bail neither granted nor refused; ABLAPL disposed of with directions that the Petitioner surrender before the learned S.D.J.M., Khurda within one month, have the bail prayer considered on merits in the first hour, and, if rejected, move the higher forum in the second hour for same-day disposal. ¶¶22

Tapu Prasad Nayak @ Tapu Nayak Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to pre-arrest bail in connection with G.R Case No.1001 of 2024 (arising out of Khurda Model P.S. Case No.443 of 2024) for offences under Sections 109/115(2)/296/3(5)/333/351(3) of BNS.

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Court's answer

The anticipatory bail application was disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M., Khurda within one month.

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Ratio / Principle

Upon surrender and motion for bail, the learned S.D.J.M., Khurda is to consider the bail prayer on merits in the first hour of the day.

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Key takeaways

In the event of rejection of the bail prayer by the learned S.D.J.M., Khurda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the same day.ratio¶¶19
The higher forum was requested to endeavour to dispose of the Petitioner's bail application on the same day, with the case diary made available to the concerned courts and the learned S.D.J.M., Khurda called upon to transmit the case record in the second hour in the event of rejection.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail application (ABLAPL) concerning offences under Sections 109/115(2)/296/3(5)/333/351(3) of BNS disposed of by the Orissa High Court via a surrender scheme rather than grant or refusal of pre-arrest bail: Petitioner to surrender before the learned S.D.J.M., Khurda within one month; bail prayer to be considered on merits in the first hour of the day; if rejected, the Petitioner may move the higher forum in the second hour, which was requested to endeavour same-day disposal, with directions for availability of the case diary and transmission of the case record; ground of parity left to be considered by the court below if canvassed.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.680 of 2025

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Tapu Prasad Nayak @ Tapu …. Nayak

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Petitioner

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Mr. J. Sahoo, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. R.B. Dash, ASC

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CORAM: JUSTICE V. NARASINGH ORDER

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26.03.2025 Order No.

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03.

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Heard learned counsel for the Petitioner and learned counsel for the State.

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The Petitioner is seeking pre-arrest bail in connection with G.R Case No.1001 of 2024 pending on the file of learned S.D.J.M, Khurda, arising out of Khurda Model P.S. Case No.443 of 2024 for commission of offences punishable under Sections 109/115(2)/296/3(5)/333/351(3) of BNS.

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On a conspectus of materials on record, ABLAPL is disposed of with the observation that the Petitioner may surrender before the learned S.D.J.M, Khurda in connection with the aforementioned case within one month from today.

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In the event of his surrender and motion for

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bail, the same be considered by the learned S.D.J.M, Khurda on merits, in the first hour of the day.

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Page 1 of 2

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In the event of rejection of the prayer for bail by the learned S.D.J.M, Khurda, the Petitioner is at liberty to move the higher forum for bail in the second hour on the day.

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On being so moved, the higher forum is requested to make an endeavour to dispose of the bail application of the Petitioner on the same day. The case diary be made available to the concerned courts to facilitate disposal of the bail application of the Petitioner and learned S.D.J.M, Khurda is called upon to transmit the case record to the higher forum in the second hour in the event of rejection of such bail application.

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Ground of parity, if any, may be considered by the learned court below if the same is canvassed by the learned counsel for the Petitioner at the time of consideration of the bail application.

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Accordingly, the ABLAPL stands disposed of.

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(V. NARASINGH) Judge

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PKS

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Signature Not Verified

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Digitally Signed Signed by: PRADEEP KUMAR SWAIN Reason: Authentication Location: Orissa High Court, Cutt ack Date: 28-Mar-2025 14:50:29

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Tapu Prasad Nayak @ Tapu Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Tapu Prasad Nayak @ Tapu Nayak v. State of Odisha

Case brief

What is this about?

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Why is it important?

What the court decided

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