Case Law Details
Alekha Chandra Behera Vs State of Odisha (Orissa High Court)
The Orissa High Court considered an application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking anticipatory bail in a case involving offences under Sections 420, 294, 506 and 34 IPC and Section 4 of the PMLA Act. The petitioner relied on the fact that certain co-accused had already been granted bail. Taking note of the nature and gravity of the allegations, the High Court did not grant anticipatory bail. Instead, it permitted the petitioner to surrender before the court concerned within 21 working days and apply for regular bail. The Magistrate was directed to consider the bail application in the first hour strictly on the basis of the materials on record. If the application is rejected, the petitioner may approach the higher forum in the second hour, which shall consider and dispose of the bail application on the same day based on the materials on record, while maintaining the principle of parity, if applicable. The Court also directed that the case diary be made available on the date of surrender upon prior application and disposed of the anticipatory bail application accordingly.
FULL TEXT OF THE JUDGMENT/ORDER OF ORISSA HIGH COURT
This matter is taken up through Virtual Mode.
2. Heard learned counsel for the Petitioner and learned counsel for the State. Perused the anticipatory bail application as well as the F.I.R.
3. This is an application under Section 482 of the B.N.S.S., 2023 filed by the Petitioners for anticipatory bail, involving offence punishable under Sections 420, 294, 506, 34 IPC & under Section 4 of the PMLA Act in G.R. Case No.234 of 2015 in the Court of learned Gram Nayalaya-cum-JMFC, Odagaon arising out of Odagaon P.S. Case No. 138 of 2015.
4. The learned counsel for the Petitioner submitted that some of the co-accused persons have already enlarged on bail vide Annexure-2.
5. Taking into consideration the nature and gravity of the allegations, on the request of learned counsel for the Petitioner, the Petitioner is permitted to surrender before the learned court in seisin over the matter in the aforesaid case in the first hour within 21 working days hence and move for bail. On such event, the learned Magistrate shall consider their applications for bail in the first hour strictly on the basis of the materials on record. In case of rejection of the bail application, the Petitioner may move for bail before the higher forum in the second hour. On such event, the higher forum shall consider and dispose of the bail application of the Petitioner the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.
6. The case diary be made available on the date of surrender on an application being filed by the Petitioner prior to his date of surrender along with a copy of today’s order. Records be transmitted to the higher forum at the cost of the Petitioner, if applied for.
7. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
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