Subrat Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Subrat Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail granted: petitioner to be released on furnishing bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to appearance before the trial Court on each trial date; violation of conditions to entail cancellation of bail.

Issue for consideration

Whether the petitioner, earlier on bail but committed to judicial custody on 14.02.2025 upon issuance of a NBW on 03.11.2017 and whose bail prayer was rejected by the trial court on 24.02.2025, should be released on bail under section 439 Cr.P.C. in C.T. (SS) Case No.63 of 2017 / Angul P.S. Case No.231 of 2015.

Court's answer

Considering the submissions of counsel, the fact that the petitioner was earlier on bail, and the period of detention in judicial custody, the Court held it to be a fit case for grant of bail.

Ratio / Principle

The petitioner is to be released on bail on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the court in seisin, with further terms as that court deems just and proper to ensure his presence during trial.

Key takeaways

Further condition imposed that the petitioner shall appear before the trial Court on each date when the case is posted for trial, and violation of any term or condition fixed shall entail cancellation of bail.ratio¶23

Detailed headnote1 paragraphs

Bail under s.439 Cr.P.C. granted - Subrat Nayak, in judicial custody since 14.02.2025 pursuant to a non-bailable warrant issued on 03.11.2017 after non-appearance while previously on bail, sought bail in Angul P.S. Case No.231 of 2015 / C.T. (SS) Case No.63 of 2017 (alleged offences under ss.399, 402, 353 IPC) pending before the Additional Sessions Judge, Angul, who had rejected his bail prayer vide order dated 24.02.2025. Considering that the petitioner was earlier on bail and the period of detention in judicial custody, the High Court (S.K. Sahoo, J.) held it a fit case for bail and ordered release on a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount, conditioned on appearance before the trial Court on each date fixed for trial; violation of any condition to entail cancellation of bail. BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3057 of 2025

Subrat Nayak

Petitioner

Mr.Om Prakash Saran, Advocate

-versus-

State of Odisha …. Opp.Party

Mr.Jateswar Nayak, Addl. Govt. Advocate

CORAM: HONOURABLE MR JUSTICE S.K. SAHOO

ORDER Order No. 03.05.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner through virtual High Court, Dhenkanal and learned counsel for the State.

This is an application under section 439 Cr.P.C. in connection with Angul P.S. Case No.231 of 2015 corresponding to C.T. (SS) Case No.63 of 2017 pending in the file of learned Additional Sessions Judge, Angul for alleged commission of offences under sections 399, 402, 353 of the Indian Penal Code.

The prayer for bail of the petitioner has been rejected by the learned Additional Sessions Judge, Angul

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vide order dated 24.02.2025.

Learned counsel for the petitioner submitted that the petitioner was on bail and due to non-taking of steps on the date fixed, non-bailable warrant of arrest was issued against him on 03.11.2017, by virtue of which he was taken to judicial custody on 14.02.2025 and since then he is in custody. He further submitted that the petitioner is ready and willing to cooperate with the learned trial Court for early disposal of the case and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State opposed the prayer for bail.

Considering the submissions made by the learned counsel for the respective parties, the fact that the petitioner was earlier on bail and taking into account the period of detention in judicial custody, I am of the opinion that it is a fit case for grant of bail to the petitioner.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper to ensure his presence during trial with further condition that the petitioner shall appear before the trial Court on each date

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when the case would be posted for trial.

Violation of any of the terms and conditions fixed shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per Rules.

(S.K. Sahoo)

Judge

Basu

Signature Not Verified

Digitally Signed Signed by: BASUDEV NAYAK Designation: ASST. REGISTRAR-CUM-SR. SECRETARY Reason: Authentication Location: HIGH COURT OF ORISSA : CUTTACK Date: 05-May-2025 14:07:10

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