Allowed

Nilu Nayak v. State of Orissa

Orissa HC16 Jan 2017ABLAPL/15233/2016

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to a petitioner implicated in an IPC offence involving assault, given the absence of an injury report and lack of material indicating flight risk or tampering with evidence.

What did the court decide?

Petitioner enlarged on pre-arrest bail on conditions to appear before Investigating Officer weekly and not engage in criminal activities until end of June 2017 or case disposal.

Nilu Nayak Vs State of Orissa — Bail and Remand | Orissa HC (2017)

¶1

 04. 16.01.2017 ABLAPL No. 15233 of 2016

¶2

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

¶3

 The petitioner in this case having been implicated in Capital P.S. Cas
e No.345 of 2016, corresponding to C.T. Case No.4038 of 2016 pending in court of learned SDJM,
 Bhubaneswar, registered for alleged commission of offences punishable under Sections 341/323/
294/307/379 of IPC, has filed this petition for his release on pre-arrest bail.

¶4

 In spite of opportunity given, injury report has not been produced by
the learned counsel for the State in this case.

¶5

 Regard being had to the facts and submissions made, especially the nat
ure of accusation, circumstances in which the offences alleged to have been committed and hard
ly any material being there to suggest the fact that the petitioner shall abscond and/or tampe
r with the prosecution evidence, if allowed to go on pre-arrest bail, I am of the view that th
is is a fit case to enlarge the petitioner on pre-arrest bail.

¶6

 Hence, this Court directs that in the event of arrest of the petitione
r in connection with the aforesaid case, he be released on bail by the Arresting Officer on su
ch terms and conditions as the Arresting Officer may deem just and proper including the condit
ions that he shall appear before the Investigating Officer in the Police Station concerned onc
e in a week i.e. on Sunday between 4 PM to 5 PM till the end of June, 2017 or till disposal o
f the aforesaid case whichever is earlier and shall not indulge himself in any criminal activi
ties in future violation of which shall entail cancellation of bail granted.

¶7

 The ABLAPL is accordingly disposed of being allowed.

¶8

 Urgent certified copy of this order be granted on proper application.

¶9

 ...
 S. Pujahari, J.

¶10

SKG

¶11

Nilu Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

Nilu Nayak v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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