Back
2025 Supreme(Online)(Ori) 1729
ORISSA HIGH COURT
V. Narasingh, J
Ranjan Kumar Mahanti @ Mohanty – Appellant
Versus
State of Odisha – Respondent
ABLAPL No. 6842 of 2025
For the Appellants/Petitioners: K. Hussain
For the Respondents: S. Panda, B.P. Das
The court denied anticipatory bail to one petitioner due to serious criminal antecedents while granting bail to others conditionally based on surrender and cooperation with the investigation.
Headnote:(A) Sections 329, 296, 308, 319, 204, 205, and 351 of BNS - Petitioners seeking anticipatory bail in a case of alleged impersonation and threats against an informant - Court examined the criminal antecedents of the Petitioners and the nature of allegations made. (Paras 3, 7, 9)
(B) Bail - Grounds for Bail - The court assessed the petitioners' claims of acting in their journalistic capacity against the informant's allegations of extortion and threats, ultimately denying bail to one petitioner due to serious criminal history while granting bail to others conditional on surrender. (Paras 9, 11, 13)
Facts of the case:
The petitioners were journalists accused of impersonating excise officials to extort money; their claims of acting professionally were disputed by the State and informant, who cited prior criminal records.
Findings of Court:
The court recognized the seriousness of the charges against the petitioners, especially regarding one petitioner’s extensive criminal history.
Issues: The primary issues were the legality of anticipatory bail concerning the petitioners’ claims of acting as journalist and the implications of their criminal records.
Ratio Decidendi: Anticipatory bail was denied to one petitioner due to previous convictions and the nature of the allegations, while the other two were granted bail upon conditions of surrender and cooperation with the investigation.
Result: ABLAPL stands disposed of.
| Table of Content |
|---|
| 1. consideration of prior criminal records and investigations against one petitioner. (Para 8) |
| 2. decision on bail applications based on nature of allegations and criminal antecedents. (Para 9 , 10) |
| 3. conditions imposed for bail approval for certain petitioners. (Para 11 , 12) |
| 4. final orders regarding disposition of the anticipatory bail application. (Para 13 , 14) |
ORDER
23.06.2025 Order No.
01. 1. Learned counsel, Mr. B.P. Das submits that he has entered appearance on behalf of Informant by filing vakalatnama on 02.06.2025. Registry is requested to verify the same and tag with the file. Name of Mr. B.P. Das, learned counsel be reflected in the file, cause list and web portal of this Court.
2. Heard learned counsel for the Petitioners, learned counsel for the State and learned counsel for the Informant.
3. The Petitioners are seeking pre-arrest bail in connection with C.T. Case No.131 of 2025 pending in the Court of learned J.M.F.C., Sinapali, arising out of Sinapali P.S. Case No.131 of 2025 for commission of offence punishable under Sections
329(3)/296/308(2)/319(2)/204/205/351(3)/3(5) of BNS .
4. It is submitted by the learned counsel for the Petitioners that the Petitioners are journalists and in due exercise of their professional assignment when they noticed illegal activity being undertaken by the informant and they brought it to light, this case has been falsely foisted. Hence, the Petitioners may be protected by pre-arrest bail.
5. Learned counsel for the State as well as Informant oppose the prayer for anticipatory bail.
6. Learned counsel for the State as well as Informant submit that the Petitioners impersonating as Excise officials have tried to threaten the informant and also demanded money for which they ought not to be protected by pre-arrest bail.
7. During the course of hearing, learned counsel for the State has placed on record the criminal antecedents of Petitioner No.1 which run thus:-
“1- (Nuapada District) Khariar PS Case No. 154/2025, dt. 26.05.2025, U/s 296/ 308(2)/
351(2)/ 3(5) BNS .
2- (Kalahandi District) Narla PS Case No. 266/2021, U/s 341/353/354-D/386/506 IPC /3(2) (va) SC & ST (PA) Act./Sec. 67 IT Act.
3- (Kalahandi District) Narla PS Case No.
121/2022, U/s 294/384/506 IPC.
4- (Kalahandi District) Narla PS Case No.
27/2021, U/s 143/283/149 IPC.
5- (Kalahandi District) Narla PS Case No.
56/2021, U/s 294/506 IPC.
6- (Kalahandi District) Bhawanipatna Town PS Case No. 95/2017, U/s 498(A)/ 506/ 294/
307/ 323/34 IPC/4 DP Act.
7- (Kalahandi District) Dharmagarh PS Case No. 90/2009, U/s 452/354/323/506/34 IPC/R.W. Sec. 25 Arms Act.”
8. This Court also perused the statements of the informant recorded under Section 183 of BNSS as well as independent witnesses.
9. Taking note of the same, this Court is not inclined to entertain the ABLAPL in respect of Petitioner No.1 (Ranjan Kumar Mahanti @
Mohanty).
10. Accordingly, the ABLAPL in respect of Petitioner No.1 (Ranjan Kumar Mahanti @ Mohanty)
stands disposed of.
11. So far as Petitioner Nos.2 & 3 are concerned, taking into account the nature of allegations, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner Nos.2 & 3 (Pabitra Mohan Sahu & Trinath Sahu respectively) shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.
12. Before releasing the learned Court shall verify as to whether order of this Court has been assailed before the Apex Court and if so, the result thereof.
13. It is needless to state that the Petitioner Nos.2 & 3 shall cooperate with the ongoing investigation.
14. Accordingly, the ABLAPL stands disposed of.
15. Urgent certified copy of this order be granted as per rules.
