Rahemat Alli Khan Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

Rahemat Alli Khan Vs State of Odisha — Anticipatory Bail | Orissa HC (2025)

What the court decided

AI extract

Outcome

Anticipatory bail refused; however, the petitioner is to be released on bail if he surrenders and applies for bail before the court in seisin within three weeks, on terms fixed by the learned Magistrate, subject to verification of criminal antecedents (automatic revocation if any antecedent exists). ABLAPL disposed of accordingly.

Issue for consideration

Whether the petitioner, who apprehends arrest in G.R. Case No.835 of 2024 (offences punishable under Sections 3(5)/303(2)/62 of B.N.S.) arising out of Bolagarh P.S. Case No.282 of 2024, should be granted anticipatory bail under Section 482, B.N.S.S.

Court's answer

The Court is not inclined to grant anticipatory bail to the petitioner, considering the seriousness of the allegation, gravity of the offence and the facts of the case.

Ratio / Principle

Protective direction: if the petitioner surrenders and moves for bail before the learned court in seisin over the matter within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper; violation of any term or condition shall entail cancellation of the bail.

Key takeaways

The bail is subject to verification of criminal antecedents; if the petitioner is found to have any criminal antecedent, the order stands automatically revoked.ratio¶¶20

Detailed headnote1 paragraphs

Anticipatory bail under Section 482, B.N.S.S. sought by the petitioner in G.R. Case No.835 of 2024 of the J.M.F.C. (Cog.), Khurda, arising out of Bolagarh P.S. Case No.282 of 2024, for offences punishable under Sections 3(5) / 303 (2) / 62 of B.N.S.; the F.I.R. was initially lodged against unknown accused persons and the petitioner apprehended arrest. The Court, considering the seriousness of the allegation, gravity of the offence and the facts of the case, declined anticipatory bail but directed that if the petitioner surrenders and moves for bail before the learned court in seisin within three weeks, he shall be released on bail on such terms and conditions as the learned Magistrate may deem just and proper, violation entailing cancellation. The bail was made subject to verification of criminal antecedents, with the order standing automatically revoked if the petitioner has any criminal antecedent. The ABLAPL was disposed of accordingly.

IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.855 of 2025

Rahemat Alli Khan

..... Petitioner

Represented By Adv. - Jyotirmaya Sahoo

-versus-

State Of Odisha

..... Opposite Parties

Represented By Adv. – A. Pati, A.S.C.

CORAM:

THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

05.02.2025

Order No.

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

Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.

This is an application under Section 482, B.N.S.S. filed by the Petitioner for anticipatory bail, involving offence punishable under Sections 3(5) / 303 (2) / 62 of B.N.S. in G.R. Case No.835 of 2024 of the Court of learned J.M.F.C. (Cog.), Khurda arising out of Bolagarh P.S. Case No.282 of 2024.

It is stated by learned counsel for the Petitioner that initially the F.I.R. was lodged against unknown accused persons. He further contended that the Petitioner is apprehending his arrest as he came to learn that the police are searching for to arrest him.

Page 1 of 2.

Considering the seriousness of the allegation, gravity of the offence and the facts 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 court in seisin over the matter 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. Violation of any of the terms and conditions shall entail cancellation of the bail.

It is further directed that the bail granted to the petitioner is subject to verification of criminal antecedent. In the event, the Petitioner is having any criminal antecedent, then this order stands automatically revoked.

The ABLAPL is disposed of accordingly.

Urgent certified copy of this order be granted as per rules.

( A.K. Mohapatra)

Judge

Anil

Signature Not Verified Page 2 of 2.

Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 06-Feb-2025 11:30:00