Allowed

Kalu Lal v. State of Odisha

Orissa HC10 Sept 2020ABLAPL/9939/2020

Case brief

AI extract

What is this about?

The High Court granted an anticipatory bail petition filed by the petitioner, who apprehended arrest under Sections 379/411/120-B/34 IPC in a grievance relief case. The court held that bail would not hinder free and fair investigation and directed police to release the petitioner on bail with prescribed conditions.

What did the court decide?

Directions given to the arresting officer to release the petitioner on bail on such terms and conditions as deemed just and proper, subject to cooperation with investigation.

Kalu Lal 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.9939 of 2020

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Kalu Lal … Petitioner - Versus –

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State of Orissa … Opp. Party

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ORDER

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10.9.2020 Heard learned counsel for the petitioner and learned counsel for the State.

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The petitioner apprehending his arrest in Bambari P.S. Case No.105 of 2020 corresponding to G.R. Case No.367 of 2020 pending in the court of J.M.F.C., Barbil registered for alleged commission of offences punishable under Sections 379/411/120-B/34 IPC has filed this petition for his release on pre-arrest bail.

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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 and also it being not disputed that the petitioner’s release on prearrest bail shall not be a 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 pre-arrest 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

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allowed.

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Due to difficulties faced by the parties in getting the certified copies of this order and in view of the Court’s Notice No.4587 dated 25.03.2020, if a printout of the copy of this order from the website of the High Court is produced by the party duly attested by him to be the true copy, the same be treated at par with the certified copy and the direction be complied with.

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……………………..

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PKS

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S.Pujahari, J.

Kalu Lal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kalu Lal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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