Disposed¶5

Sankarshan Dalei v. State of Odisha

Orissa HC7 Jan 2025ABLAPL/71/2025

Case brief

AI extract

What is this about?

Anticipatory bail; Section 482 BNSS 2023; Sections 296, 132, 351(2) BNS 2023; conditional surrender-and-bail direction; three-week surrender window; S.D.J.M. Birmaharajpur; G.R.Case No.781 of 2024; Ulunda P.S.Case No.205 of 2024; verification of injury; grievous injury; criminal antecedent; cooperate with investigation; appear before I.O.; cancellation of bail; Sankarshan Dalei v. State of Odisha; High Court of Orissa at Cuttack; Justice Aditya Kumar Mohapatra.

What did the court decide?

Anticipatory bail not granted directly; conditional direction that if the Petitioner surrenders and moves for bail before the S.D.J.M., Birmaharajpur within three weeks, he shall be released on bail on terms fixed by the learned Magistrate, subject to verification of injury and criminal antecedent and the stated additional conditions. ¶5

Sankarshan Dalei Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the Petitioner is entitled to anticipatory bail under Section 482 of the BNSS, 2023 in respect of offences punishable under Sections 296, 132 and 351(2) of the B.N.S., 2023, and if so, on what terms and conditions.

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Court's answer

Considering the seriousness of the allegation, gravity of the offence and the fact of the case, the Judge was not inclined to grant anticipatory bail to the Petitioner.

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Ratio / Principle

In the event the Petitioner surrenders and moves for bail before the learned S.D.J.M., Birmaharajpur in G.R.Case No.781 of 2024 arising out of Ulunda P.S.Case No.205 of 2024 within a period of three weeks from the date of the order, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper, subject to verification of injury and criminal antecedent.

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Key takeaways

In the event it is found that the injured has sustained grievous injury and that the Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to.ratio¶4
Release is additionally conditioned on the Petitioner cooperating with the investigation and appearing before the I.O. as and when required for the purpose of investigation.ratio¶4
While on bail, the Petitioner shall not indulge in similar nature of criminal activities.

Detailed headnote1 paragraphs

Anticipatory bail application under Section 482 of BNSS, 2023 by Sankarshan Dalei for offences punishable under Sections 296, 132, 351(2) of B.N.S., 2023 (G.R.Case No.781 of 2024, arising out of Ulunda P.S.Case No.205 of 2024, S.D.J.M. Birmaharajpur). Direct anticipatory bail was declined considering the seriousness of the allegation, gravity of the offence and the facts of the case; however, the Court directed that if the Petitioner surrenders and moves for bail before the learned S.D.J.M., Birmaharajpur within three weeks, he shall be released on bail on such terms and conditions as the Magistrate deems just and proper, subject to verification of injury and criminal antecedent. The direction is not to be given effect to if the injured is found to have sustained grievous injury and the Petitioner is found to have criminal antecedents of a similar nature. Release is further subject to cooperation with investigation/appearance before the I.O. and abstention from similar criminal activities while on bail; violation of any condition entails cancellation of bail.

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.71 of 2025

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Sankarshan Dalei

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..... Petitioner

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Represented By Adv. - Jagabandhu Sahu

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. – Mr.U.C.Jena, ASC

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

07.01.2025

Order No.

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

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Heard learned counsel for the Petitioner as well as learned Additional Standing Counsel for the State. Perused the records.

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This is an application under Section 482 of BNSS, 2023 filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 296, 132, 351(2) of B.N.S., 2023.

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Considering the seriousness of the allegation, gravity of the offence and the fact of the case, although I am not inclined to grant anticipatory bail to the Petitioner, however it is observed that, in the event the Petitioner surrenders and moves for bail before the learned

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Page 1 of 2.

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S.D.J.M., Birmaharajpur in G.R.Case No.781 of 2024 arising out of Ulunda P.S.Case No.205 of 2024 within a period of three weeks from today, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper in the facts and circumstances of the case, but subject to verification of injury and criminal antecedent. In the event it is found that the injured has sustained grievous injury and that Petitioner is having any criminal antecedent of similar nature, this order shall not be given effect to. Release of the Petitioner shall be subject to the following additional conditions:

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