Allowed

Alok Ranjan Gaya v. State of Odisha

Orissa HC4 Dec 2019ABLAPL/6760/2019

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to petitioners, employees of Vedanta Limited, facing IPC Sections 147, 148, 149, and 302 charges. The Court noted investigation findings suggesting the petitioners had no role in the alleged assault and death of a villager, leading to their release pending investigation conditions.

What did the court decide?

Petitioners to be released on bail by the Officer effecting arrest on terms including cooperation with investigation.

Alok Ranjan Gaya Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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ABLAPL No.6760 of 2019

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04.12.2019 The petitioners apprehending their arrest in Lanjhigarh P.S. Case No.14 of 2019, corresponding to G.R. Case No.277 of 2019, pending in the court of learned SDJM, Bhawanipatna registered for alleged commission of offences punishable under Sections 147, 148, 149 & 302 of I.P.C. have filed this petition for their release on pre-arrest bail.

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

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It appears that the petitioners are the employees of Vedanta Limited company at Lanjigarh. During the course of maintaining law and order in the factory premises, the OISF personnel stated to have assaulted one of the villagers who had come for agitation and did him to death and threw him in a pond. Hence, a case has been registered.

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It is submitted by the learned counsel for the State basing on the instruction received by the Investigating Officer dated 23.11.2019 that the death of the deceased is homicidal in nature and the present petitioners being the employees of the company have been indicted in this case but, the investigation reveals that they had no role to play in this case.

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On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in

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which the offences stated to have been committed and also no material is produced indicating the fact that the petitioners are the persons of criminal antecedent and it being not disputed that the petitioners’ release on prearrest bail shall not be a hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper including the condition that they shall cooperate with the investigation.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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……………………..

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S.Pujahari, J.

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RKS

Alok Ranjan Gaya v. State of Odisha

Case brief

What is this about?

What did the court decide?

Alok Ranjan Gaya v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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