Allowed

Umakanta Seth v. State of Odisha

Orissa HC6 Aug 2020ABLAPL/6037/2020

Case brief

AI extract

What is this about?

The High Court of Odisha disposed of an application under Section 438 CrPC (pre-arrest bail) by granting relief due to the petitioner's readiness to cooperate and no likelihood of absconding, subject to the condition of not committing graver offences.

What did the court decide?

Directs that the petitioner be released on bail by the officer effecting arrest on terms and conditions deemed just and proper.

Umakanta Seth Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI

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ABLAPL No.6037 of 2020

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Umakanta Seth … Petitioner - Versus - State of Odisha … Opp. Party

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O R D E R

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06.08.2020

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In the wake of the pandemic Covid-19, the case is taken up through V.C.

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The petitioner apprehending his arrest in Puintala P.S. Case No.50 of 2020, corresponding to G.R. Case No.348 of 2020, pending in the court of learned S.D.J.M., Bolangir registered for alleged commission of offences punishable under Sections 498A/494/294/323/34 of the I.P.C. read with Section 4 of D.P. Act, has filed this petition for his release on prearrest bail.

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

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Perused the allegation made in the F.I.R.

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It appears that the matter arises out of marital discord.

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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 which the offences stated to have been committed,

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punishment provided on conviction and also it being not disputed that the petitioner’s release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the petitioner has made out a case for his release on prearrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has 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 petitioner in connection with the aforesaid case, he be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

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However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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As lock-down period is continuing for COVID19, learned counsel for the parties may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.

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…………………….. S.Pujahari, J.

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RKS

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Umakanta Seth v. State of Odisha

Case brief

What is this about?

What did the court decide?

Umakanta Seth v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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