Allowed

Namita Swain v. State of Odisha

Orissa HC10 Sept 2020ABLAPL/9954/2020

Case brief

AI extract

What is this about?

The Hon'ble Court granted pre-arrest bail to the petitioner apprehending arrest in a case registered under Sections 341/342/323/294/506 IPC for alleged insult, assault and criminal intimidation. The Court held that bail would not hinder investigation as the petitioner is willing to cooperate and has no chance of absconding.

What did the court decide?

The petitioner directs that in the event of arrest, she be released on bail by the Officer effecting arrest on such terms and conditions as deemed just and proper.

Namita Swain Vs State of Odisha — Anticipatory Bail | Orissa HC (2020)

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CORAM : Hon’ble Shri Justice S. Pujahari

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ABLAPL No.9954 of 2020

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Namita Swain … 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 her arrest in Choudwar P.S. Case No.354 of 2020 corresponding to G.R. Case No.1651 of 2020 pending in the court of J.M.F.C.(R), Cuttack registered for alleged commission of offences punishable under Sections 341/342/323/294/506 IPC has filed this petition for her release on pre-arrest bail.

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The allegation of the prosecution is that on 8.8.2020 at about 10 A.M while the informant had been to the house of the present petitioner for collecting SHG money, she abused her in filthy language and assaulted by means of kick blows and extended threat to kill her. Hence 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 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

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investigation, this Court is of the view that the petitioner has made out a case for her release on pre-arrest bail, more particularly when she is ready and willing to cooperate with the investigation and she 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, she 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 her 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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…………………….. S.Pujahari, J.

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PKS

Namita Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Namita Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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