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IN THE HIGH COURT OF ORISSA AT CUTTACK
G.SATAPATHY
Raj Dalabehera – Appellant
Versus
State Of Odisha – Respondent
| Table of Content |
|---|
| 1. overview of bail applications context. (Para 1 , 2) |
| 2. petitioners' arguments and past bail rejections. (Para 3 , 4) |
| 3. importance of criminal antecedents in bail. (Para 5) |
| 4. evidence supporting denial of bail. (Para 6) |
| 5. order for bail application rejection. (Para 7) |
JUDGMENT :
1. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties.
3. Heard Mr. Amlan Shakti Paul, learned counsel for the petitioner in BLAPL No.733 of 2026; Mr. Kedar Chandra Sarangi, learned counsel for the petitioner in BLAPL No.2704 of 2026 and Mr. P. Satpathy, learned Addl. PP in these two matters and perused the record together with copy of depositions of PWs.1-21 as supplied.
“22. Before parting, we would like to state that, accounting for the criminal antecedents of the accused while considering the bail applications has been the subject matter of concern for Courts across the country. The rules and orders of the Punjab and Haryana High Court, to be specific, Rule 5 of Chapter 1-A(b) Volume-V specifically provide as below:
23. We feel that every High Court i
Bail applications for serious offences require careful scrutiny of criminal antecedents, prioritizing societal safety and the necessity for full disclosure by the accused.
Bail applications must consider the seriousness of charges and the criminal history of applicants, with prior convictions impacting the court's decision.
The decision emphasized the importance of considering the nature of the offence, severity of the punishment, and the likelihood of the accused interfering with the process of justice when deciding on....
(1) While considering an application for grant of bail a prima facie conclusion must be supported by reasons and must be arrived at after having regard to vital facts of case brought on record – Due ....
Bail is a rule and jail is an exception; prolonged incarceration without trial violates the right to personal liberty and speedy trial.
Criminal history of an accused in itself cannot be the basis of refusal of prayer for bail.
The court ruled that the presumption of innocence and insufficient evidence against the accused warranted bail, despite the severity of the charges, underscoring the need for bail conditions to preve....
The main legal point established in the judgment is the need to consider the accused's criminal history, the nature of allegations, and the possibility of influencing the investigation and intimidati....
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