Bacha@K.Bhaskar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

Bacha@K.Bhaskar Vs State of Odisha — Orissa HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petitioner to be released on bail if he surrenders before the learned Adhoc Additional District Judge-cum-Special Court, FTSC-II, Cuttack in G.R. Case No. 04 of 2019 on or before 31.05.2025 and files a bail application, on terms deemed fit by the trial court, with cash surety of Rs.5,000/- and an undertaking to appear before the trial Court on each date.

Issue for consideration

Whether this Court should interfere with, or direct recall of, the N.B.W. of arrest issued against the petitioner by the trial court's order dated 24.03.2025 on account of his absence in Court.

Court's answer

No illegality is found in the order dated 24.03.2025 issuing the N.B.W., and therefore the Court declines to interfere with it.

Ratio / Principle

Considering the petitioner's illness on the relevant date and his willingness to surrender and co-operate for early completion of the trial, the Court directs that if the petitioner surrenders before the Special Court, FTSC-II, Cuttack on or before 31.05.2025 and files an application for bail, he shall be released on bail on such terms and conditions as the learned trial court deems fit and proper.

Key takeaways

The conditional release is subject to the petitioner furnishing cash surety of Rs.5,000/- and an undertaking to appear before the learned trial Court on each date.ratio¶20

Detailed headnote1 paragraphs

Orissa High Court (Savitri Ratho, J.) disposed of CRLMC No. 1578 of 2025 (Bacha @ K. Bhaskar v. State of Odisha), decided 15.05.2025, challenging the order dated 24.03.2025 of the Adhoc Additional District Judge-cum-Special Court, FTSC-II, Cuttack in G.R. Case No. 04 of 2019 (arising out of Choudwar P.S. Case No. 14 of 2019) rejecting the petitioner's Section 317 CrPC application and issuing an N.B.W. for his absence in Court. Holding that there was no illegality in the order warranting interference, the Court, considering the petitioner's illness on that date and his willingness to surrender and co-operate for early completion of the trial, directed that if he surrenders before the Special Court on or before 31.05.2025 and files a bail application, he shall be released on bail on terms deemed fit by the trial court, furnishing cash surety of Rs.5,000/- and an undertaking to appear before the trial Court on each date. The petitioner had earlier been released on bail pursuant to an order of the High Court in BLAPL No. 13127 of 2024 on 06.01.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No. 1578 of 2025

Bacha @ K. Bhaskar ….. Petitioner

Mr. Bideshi Kumar Ghadei, Advocate

-versus-

State of Odisha

….. Opp. Party Mr. U.R. Jena, A.G.A.

CORAM:

HON’BLE MISS JUSTICE SAVITRI RATHO ORDER 15.05.2025

Order No.

(Through hybrid Mode)

This CRLMC has been filed by the petitioner, challenging the

order dated 24.03.2025 passed by the learned Adhoc Additional Dist. Judge-cum-Special Court, FTSC-II, Cuttack in G.R. Case No. 04 of 2019 arising out of Choudwar P.S. Case No. 14 of 2019, issuing N.B.W. of arrest against the petitioner on account of his absence in the Court in spite of repeated calls.

Mr. B. K. Ghadei, learned counsel for the petitioner submits that the petitioner had been released on bail before submission of charge sheet by the learned Adhoc Additional Dist. Judge-cumSpecial Court, FTSC-II, Cuttack. After submission of charge sheet as he did not appear before the learned Court below, NBW had been issued against him. He had surrendered before the Court below and

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moved for bail, but his bail application was rejected and he was remanded to custody. He was released on bail pursuant to order of this Court in BLAPL No. 13127 of 2024 on 06.01.2025. On 24.03.2025 as he was unwell the petitioner could not attend the Court below and his application under section 317 of the Cr.P.C. has been rejected on the ground that one of the conditions for releasing him on bail was that he would appear in the Court on each date and on account of his non-attendance NBW has been issued against him. He further submits that as he was unwell on that date, he could not appear in the Court and nor could he send his medical certificate to his learned counsel. He further submits that the petitioner is the only accused in the case and he is prepared to surrender before the learned Court below and co-operate for early completion of the trial, for which NBW issued against him may be recalled.

I do not find any illegality in the order dated 24.03.2025 so as to interfere with the same.

But considering the submission of the learned counsel that the petitioner was ill on that day for which he could not attend the Court and as he is willing to surrender in the Court below and co-operate for early completion of the trial and in order to ensure his presence in the learned Court below during trial, it is directed that if the

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petitioner surrenders in the Court of the learned Adhoc Additional Dist. Judge-cum-Special Court, FTSC-II, Cuttack in the aforesaid

case on or before 31.05.2025 and file an application for bail, he shall be released on bail on such terms and conditions as deemed fit and proper by the learned trial court in seisin over the matter and furnishing cash surety of Rs.5,000/- and an undertaking to appear before the

learned trial Court on each date.

The CRLMC is accordingly disposed of.

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

(Savitri Ratho)

Judge

Subhalaxmi

Signature Not Verified

Digitally Signed Signed by: SUBHALAXMI PRIYADARSHANI SAHOO Reason: Authentication Location: Orissa High Court, Cuttack Date: 17-May-2025 12:34:05

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