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Anil Kumar Behera v. State of Odisha

Orissa HC14 May 2025BLAPL/4855/2025

Case brief

AI extract

What is this about?

BLAPL No.4855 of 2025, High Court of Orissa at Cuttack, decided 14.05.2025 by S.K. Sahoo, J. Bail under section 483 of B.N.S.S. for offence under section 409 of the Indian Penal Code; T.R. Case No.01 of 2024 arising out of Sundargarh Town P.S. Case No.311 of 2023; earlier bail rejection dated 12.03.2025 by C.J.M.-cum-Assistant Sessions Judge, Sundargarh; judicial custody since 01.12.2023; amount involved Rs.6,00,000/- per F.I.R.; bail granted on bond of Rs.50,000/- with two local solvent sureties; BLAPL disposed of.

What did the court decide?

Release of the petitioner on bail in T.R. Case No.01 of 2024 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to further conditions as the learned trial Court may deem just and proper and to appearance before the trial Court on each trial date.

Anil Kumar Behera Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner should be released on bail in T.R. Case No.01 of 2024 (arising out of Sundargarh Town P.S. Case No.311 of 2023) for offence punishable under section 409 IPC, his bail prayer having been rejected by the learned C.J.M.-cum-Assistant Sessions Judge, Sundargarh on 12.03.2025.

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Court's answer

The Court was inclined to release the petitioner on bail considering that he is in judicial custody since 01.12.2023, the offence is triable by Magistrate, and as per the F.I.R. the amount involved is Rs.6,00,000/- (rupees six lakhs).

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Ratio / Principle

The petitioner was directed to be released on bail in T.R. Case No.01 of 2024 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to such further conditions as the trial Court deems just and proper, and subject to the condition that the petitioner shall appear before the trial Court on each date the case is posted for trial; violation of any terms and conditions shall entail cancellation of bail.

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Detailed headnote1 paragraphs

Bail application under section 483 of B.N.S.S. in T.R. Case No.01 of 2024 (Sundargarh Town P.S. Case No.311 of 2023) for offence punishable under section 409 of the Indian Penal Code, triable by Magistrate. The petitioner's bail prayer had been rejected by the learned C.J.M.-cum-Assistant Sessions Judge, Sundargarh on 12.03.2025. Considering that the petitioner was in judicial custody since 01.12.2023, that the offence is triable by Magistrate, and that as per the F.I.R. the amount involved is Rs.6,00,000/- (rupees six lakhs), the High Court released the petitioner on bail on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to further conditions of the trial Court and to appearance on each trial date; violation of any condition to entail cancellation of bail. BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4855 of 2025

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Anil Kumar Behera

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Petitioner

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Mr. H.K. Mohanta, Advocate

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-versus-

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State of Odisha …. Opp. Party

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Mr. Jateswar Nayak, Addl. Government Advocate

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CORAM:

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JUSTICE S.K. SAHOO

ORDER

Order No.

14.05.2025

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

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

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This is an application under section 483 of B.N.S.S. in connection with T.R. Case No.01 of 2024 arising out of Sundargarh Town P.S. Case No.311 of 2023 pending in the Court of learned C.J.M. -cumAssistant Sessions Judge, Sundargarh for offence punishable under section 409 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned C.J.M. -cum- Assistant Sessions Judge, Sundargarh vide order dated 12.03.2025.

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Considering the submission made by the learned

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counsel for the petitioner that the petitioner is in judicial custody since 01.12.2023 and the offence is triable by Magistrate and as per the F.I.R., the amount involved is Rs.6,00,000/- (rupees six lakhs) and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a 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 conditions as the learned Court may deem just and proper subject to condition that the petitioner shall appear before the learned trial Court on each date to which the case would be posted for trial.

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

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Accordingly, the BLAPL is disposed of.

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Urgent certified copy of this order be granted on proper application.

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( S.K. Sahoo)

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Judge

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RKM