12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty 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 his application 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 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 48 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Konark P.S. Case No.118 of 2021, corresponding to G.R. Case No.506 of 2021, pending in the court of learned J.M.F.C., Konark, for alleged commission of offences punishable under Sections 341, 294, 323, 325, 506, 34 of I.P.C.

08.11.2024 Order No.

01. 1. This matter is taken up through Hybrid mode.

2. Heard learned counsel for the Petitioner and learned Additional Standing Counsel appearing for the Opposite Party-State.

3. The present application has been filed under Section 438 of Cr.P.C. by the Petitioner seeking pre-arrest bail in connection with Byree P.S. Case No.95 of 2023, corresponding to C.T. Case No.946 of 2023, pending in the court of learned J.M.F.C., Chandikhole, for alleged commission of offences punishable under Sections 341, 323, 294, 307, 507, 506, 34 of I.P.C.

12.11.2024 Order No.

04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

2. Heard learned counsel for both the parties and perused the records.

3. The Petitioner is apprehending arrest for the alleged commission of offence under Sections 147/148/323/325/307/302/ 427/506/149 of I.P.C. in G.R. Case No.170 of 2017 of the Court of the learned J.M.F.C., Salipur arising out of Mahanga P.S. Case No.49 of 2017.

4. Considering the facts of the case, this Court is not inclined to grant anticipatory bail to the Petitioner. However, on the submission of the learned counsel, the Petitioner is given liberty 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 his application 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 on the same day strictly on the basis of the materials on record, by maintaining the principles of parity, if applicable.

arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.35 of 2018 arising out of Berhampur Badabazar P.S. Case No.93 of 2017 pending in the Court of learned 3rd Additional Sessions Judge, Berhampur for offences punishable under sections 147/148/302/120-B/307/326/149 of the Indian Penal Code read with section 25(1-B)(b) of the Arms Act and sections 3 & 4 of the Explosive Substances Act.

arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with Paikmal P.S. Case No.194 of 2019 corresponding to C.T. Case No.47 of 2019 pending in the Court of learned Addl. Sessions Judge -cum- Special Court, under POCSO Act, Bargarh for offences punishable under sections 366-A/370/370-A/ 372/376(2)(n)/109/34 of the I.P.C., section 6 of the POCSO Act and section 3/4/5/6 of Immoral Trafficking (Prevention) Act, 1956.

arrangement (video conferencing/physical mode).

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Marine P.S. Case No.13 of 2020 corresponding to G.R. Case No.245 of 2020 pending in the Court of learned S.D.J.M., Chhatrapur for alleged commission of offences under sections 147/148/ 353/341/323/324/291/336/307/427/506/ 149 of the I.P.C. and section 3 of Epidemic Diseases Act, 1897.

Learned counsel for the petitioners submitted that the petitioners were granted anticipatory bail by this Court in ABLAPL No.11824 of 2020 as per order dated 05.11.2020 and at that time, the investigation was under progress but in the meantime, charge sheet has already been submitted and in view of the decision rendered by the Hon'ble Supreme Court in the case of Sushila Aggarwal -Vrs.- State (NCT of Delhi) reported in AIR 2020 Supreme Court 831, the petitioners may be permitted to surrender in the Court below and move an application for bail and provisions laid down therein may be considered by the learned Court below while adjudicating the bail application.

arrangement (video conferencing/physical mode).

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

This is an application under section 438 of Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Puruna Bazar P.S. Case No.79 of 2017 corresponding to G.R. Case No.765 of 2017 pending in the Court of learned J.M.F.C. (Cog.-I), Bhadrak for alleged commission of offences under sections 147/148/294/454/427/395/436/153-A/506/ 149 of the I.P.C.

Perused the F.I.R.

Considering the submission made by the learned counsel for the petitioner that first information report was not lodged against the petitioner but subsequently, he has been entangled in this case and similarly situated co-accused, namely, Sk. Bhalu has been directed to be released on anticipatory bail by this Court in ABLAPL No.8038 of 2017 vide order dated 12.07.2017 and on hearing learned counsel for the State, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the Investigating Officer.

arrangement (video conferencing/physical mode).

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

This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.103 of 2017 arising out of S.T.F. Bhubaneswar P.S. Case No.3 of 2016 pending in the Court of learned Sessions Judge, Cuttack for offences punishable under sections 16/17/18/18(B)/20/21/28/40 of the Unlawful Activities (Prevention) Act, 1967 and section 124(A) of the I.P.C.

The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Cuttack vide order dated 03.01.2024.

Heard.

2. At the instance of the petitioner No.2, the F.I.R. in connection with Bari Ramachandrapur P.S. Case No.94 of 2017 corresponding to G.R. Case No.631 of 2017 came to be registered against the petitioner No.1 for the offences punishable under Sections 498(A)/323/325/506/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of learned S.D.J.M., Jajpur.

Page 1 of 4

3. The petitioner No.1 is the husband of the petitioner No.2. Their marriage was solemnized in the year 2016. Few days after their marriage, dissention arose in their family for which the petitioner No.2 lodged the F.I.R. being Bari Ramachandrapur P.S. Case No.94 of 2017 for the above alleged offences.

Date of Hearing :08.11.2024 :: Date of Order :11.11.2024 A.C. Behera, J. This bail application under Section 439 of the Cr.P.C., 1973 filed by the petitioner arising out of Spl. G.R. Case No.4 of 2024 in connection with Cuttack Sadar P.S. Case No.16 of 2024 pending in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack is taken up into consideration.

{{ 2 }}

2. I have already heard from the learned counsel for the petitioner, the learned Additional Government Advocate for the State and the learned counsel for the informant.

3. The petitioner is facing trial in the Court of learned Adhoc Addl. Sessions Judge, F.T.S.C.-II, Cuttack in Spl. G.R. Case No.4 of 2024 arising out of Cuttack Sadar P.S. Case No.16 of 2024 remaining in the jail custody since 29.01.2024 as an under trial prisoner having been charged under Section 292-A, 212, 376(2)(n) of the IPC, 1860, Section 6 of the POCSO Act, 2012 and Sections 66-E, 67-A & 67-B of the I.T. Act, 2000 along with his other co-accused persons on the allegations alleged against him that, due to the frequent talking between the petitioner and the victim since the month of May, 2022, they loved each other and the petitioner proposed the victim for marriage. Thereafter, in the months of August and November, 2023, the petitioner took the victim by his motorcycle to the OYO Hotel on three different dates and made sexual intercourse with her in a room of that hotel in each occasion and took the naked/nude photographs of the victim inside the room of that hotel through his mobile phone and sent the said nude/naked photographs to the mobile phone of the victim through whatsapp and the said nude photographs of the victim were in her mobile phone, to which, she (victim) had not disclosed before {{ 3 }} any of her family members including her parents. Thereafter, there was disturbance between the victim and the petitioner, for which, the victim stopped her talking with the petitioner. So, the petitioner made the nude photographs of the victim viral. Thereafter, on dated 07.01.2024, she (victim) lodged F.I.R. against the petitioner at Sadar police station, Cuttack, alleging the aforesaid allegations.

FAT 191 of 2020.

Mr. Sudvasattva Banerjee Mr. Shounak Mukherjee, Mr. Shubradip Roy, Advs.

..........for the appellant/ plaintiff/decree holder in FAT 191 of 2020 and for the respondent in FAT 194 of 2020.

2

1. Heard learned Counsel for the parties. The matter arises out of a judgment on admission passed by the Trial Court and the consequential decree.

1. The present revisional application has been preferred by the petitioner against an order dated 22.04.2022 passed by the learned Judge, 5th Special Court, Kolkata, in the proceeding being Special Case No. SEBI/39/2018.

2. The petitioner's case is that the petitioner had joined in Amrit Bio Energy and Industries Limited as an executive director on 27.04.2004, for the erection and commissioning of renewal energy power project. The said Amrit Bio Energy and Industries Limited is a group of companies under Amrit Projects Ltd. a company incorporated under the provisions of the companies Act, 1956. After being satisfied with the performance of the petitioner, Kailash Chand Dujari, the Managing Director of Amrit Projects Ltd. and its group of companies had offered the petitioner to become director of several other group companies of Amrit Projects Ltd. After joining the said Amrit Group the petitioner was to look into the development and set up of a power project of 10 M.W. in the District of Bankura, West Bengal. The said project was successfully completed under the supervision of the petitioner. The said Amrit Project Limited had started a business receiving deposits from the public at large without consulting with the petitioner. The petitioner had tendered resignation and resigned from the said Amrit Projects Limited and all its group of companies in the year 2013.

Moola Satyanarayan Reddy, aged about 49 years, s/o late Rama Reddy, r/o House No.4-150/1, Janambhumi Nagar, Mancherial, PO, PS & District- Mancheril, Telengana-504208 ... Appellant Versus

1. The State of Jharkhand

2. Superintendent of Police, Chief Investigating Officer, NIA ...... Respondents

-------

CORAM: HON'BLE MR. JUSTICE SUJIT NARAYAN PRASAD HON'BLE MR. JUSTICE NAVNEET KUMAR

-------

For the Appellant : Ms. Chandana Kumari, Advocate For the Respondent-NIA : Mr. Amit Kumar Das, Spl. PP Mr. Saurav Kumar, Adv.

Reserved on 27.08.2024 Pronounced on 12.11.2024

1. This criminal revision petition is directed against the judgment dated 09.06.2017 passed by the learned Additional Sessions Judge 1st, Bokaro in Criminal Appeal No.13 of 2005 whereby and whereunder the learned appellate court has affirmed the conviction of the petitioner under Sections 353, 504/34 of the Indian Penal Code (hereinafter referred to as IPC) but modified the sentences awarded to the petitioner to undergo Simple Imprisonment for 06 months with fine of Rs.500/- for each offence with default sentences. Both sentences were directed to run concurrently.

2. Vide Judgment of conviction and the order of sentence dated 07.02.2005 passed by the learned Judicial Magistrate, 1st, Class, Bokaro in G.R. Case No.559 of 2003 / Trial No.15 of 2005 (arising out of Pindrajora P.S. Case No.52 of 2003 dated 05.07.2003), the petitioner along with Banamali Singh Choudhary and Ramlal Singh were convicted for offence under Sections 353, 504/34 of IPC and had sentenced them to undergo Simple Imprisonment for two years under Sections 353 and 504 of IPC for each offence and had directed that the sentences shall run concurrently. The learned trial court had acquitted the petitioner and co- accused persons from the charge under Section 448 of IPC. Arguments on behalf of the petitioner.

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