Partly allowed

Anup Kumar Bagh v. State of Odisha

Orissa HC9 Jul 2025CRLMC/1665/2025

Case brief

AI extract

What is this about?

Appellant challenged an order recalling a bail bond due to violation of conditions. Court set aside the impugned order granting 10 days to fulfill conditions and maintain peace, subject to coercive measures for future breaches.

What did the court decide?

Order dated 19.03.2025 set aside; petitioner directed to fulfill bail bond conditions within 10 days.

Anup Kumar Bagh Vs State of Odisha — Pension and Retirement Benefits | Orissa HC (2025)

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLMC No.1665 of 2025

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1) Anup Kumar Bagh

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.....

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Appellants

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1. Rajamani Bagh Represented By Adv. - 3) Deepak Khosla Subash Chandra 4) Piter Khosla@pati Khosla Mohanty

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1. Mahendra Khosla

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1. Dibakar Hial

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-versus-

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1) State Of Odisha ..... Respondents 2) Deputy Collector Cum Represented By Adv. - E.m.,koraput

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1. Suman Chandra Khora

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

09.07.2025

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 Government Advocate. Perused the Application as well as the documents annexed thereto.

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The present application has been filed under section 528 of BNSS, 2023 invoking the inherent jurisdiction of this Court to ensure that the order dated 19,03.2025 passed by the learned Executive Magistrate, Koraput in M.C.No.119 of 2024 whereby the learned Executive Magistrate has issued a N.B.W. against the present Petitioner.

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Page 1 of 4.

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On perusal of the order dated 25.02.2025, it appears that the learned Executive Magistrate has taken note of the fact that there exists serious breach of law and order situation which may lead to bloodshed and to avoid such situation and to prevent breach of peace and tranquillity the learned Executive Magistrate directed the Petitioner to execute a bond for Rs.10,000/-. However, it appears that the Petitioner has violated the conditions of the bail bond executed by him. Accordingly, learned court below has issued a warrant of arrest against the Petitioner under section 132 of BNSS, 2023 and to explain as to why the bail bond executed for an amount of Rs.10,000/- shall not be realised from the Petitioner and as to why warrant shall not be issued for arrest of the Petitioner for violation of the bail bond as required under section 139 of BNSS, 2023.

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Similarly, order dated 11.03.2025 reveals that the I.I.C., Damanjodi P.S. has intimated the Executive Magistrate that there exists a serious law and order situation in the locality. Accordingly, vide order dated 11.03.2025 warrant of arrest was issued against the delinquent under section 132 of BNSS, 2023 for violation of the bond executed by the Petitioner. On 19.03.2025 an application was moved before the Executive Magistrate praying to recall the warrant of arrest dated 11.03.2025. Along with such Application, an application was filed with a prayer for adjournment of the case as the delinquent was not financially sound to deposit the aforesaid amount. However, such prayer has been rejected vide order dated

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Page 2 of 4.

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19.03.2025. Being aggrieved by such order dated 19.03.2025, the Petitioner has approached this Court by filing the present Application.

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Learned Additional Government Advocate on the other hand supported the order passed by the learned Executive Magistrate particularly order dated 19.03.2025. She further contended that the learned magistrate has not committed any illegality in passing the order under Annexure-1 to the Writ Petition. He further submitted that while ensuring peace and tranquillity in the locality, learned magistrate acted in accordance with the provisions under BNSS. She further contended that since there exists a breach of peace and tranquillity in the locality, learned Executive Magistrate has issued warrant of arrest against the Petitioner, who has admittedly violated the bail condition. In such eventuality, the present Application is devoid of merit and the same should be dismissed.

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Having regard to the submissions of the learned counsels for the respective parties, on careful examination of the background facts and on a close scrutiny of the order passed by the Executive Magistrate, this Court is of the view that the Executive Magistrate has not committed any illegality in passing the impugned order. Moreover, it appears that to maintain peace and tranquillity in the locality, the Magistrate has acted in accordance with law as provided under the BNSS, 2023. Further, taking into consideration the submissions of the learned counsel for the Petitioner that the Petitioner is ready and willing to

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Page 3 of 4.

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abide by the order of the learned court below and fulfil the bail bond condition as directed by the learned Executive Magistrate, this Court grants one more opportunity to the Petitioner. Accordingly, the order dated 19.03.2025 is hereby set aside. The Petitioner is directed to appear before the learned Magistrate and fulfil the bail bond conditions within a period of 10 days. He shall also furnish an undertaking before the Executive Magistrate that he shall not cause any breach of peace and tranquillity in the locality and shall all times maintain peace and harmony in the locality. It is further made clear that in case the Petitioner violates such conditions, it is open to the learned Executive Magistrate to take any coercive measure in accordance with law, notwithstanding the present order.

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With the aforesaid observation/direction, the CRLMC Application stands disposed of.

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( A.K. Mohapatra)

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Judge

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RKS

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Signature Not Verified Page 4 of 4. Digitally Signed Signed by: RAMESH KUMAR SINGH Designation: AR-CUM-Senior Secretary Reason: Authentication Location: High Court of Orissa Date: 10-Jul-2025 18:09:35

Anup Kumar Bagh v. State of Odisha

Case brief

What is this about?

What did the court decide?

Anup Kumar Bagh v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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