Allowed

Sagarika Nayak @ Runu Nayak v. State of Odisha

Orissa HC10 Dec 2021ABLAPL/10854/2021

Case brief

AI extract

What is this about?

The High Court of Oriassa allowed a petition for pre-arrest bail. Finding that release would not hinder investigation and the petitioners are unlikely to abscond, the Court directed arrest officers to release them on bail subject to cooperating with investigation and not facing other graver charges.

What did the court decide?

Petitioners to be released on bail upon arrest, subject to cooperation with investigation and no other graver offence being reported against them.

Sagarika Nayak @ Runu Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.10854 of 2021

¶3

…. Sagarika Nayak @ Runu Nayak & Others

¶4

Petitioners

¶5

-versus-

¶6

State of Odisha

¶7

…. Opposite Party

¶8

CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 10.12.2021

This matter is taken up through Hybrid mode.

¶13

The Petitioners apprehending their arrest in Rajkanika P.S. Case No.0284 of 2021 registered for alleged commission of offence punishable under Sections 147, 148, 341, 323, 427, 353, 294, 307, 336, 337, 332, 333, 436, 511 / 149 of I.P.C, Section 3 of the Prevention of Damage to Public Property Act and Section 7 of Criminal Law (Amendment) Act, have filed this petition for their release on pre-arrest bail.

¶14

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

¶15

On consideration of the aforesaid facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, factum of release of the co-accused persons by the court below and

¶16

Page 1 of 2

¶17

// 2 //

¶18

also it being not disputed that the petitioners’ release on pre-arrest 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.

¶19

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.

¶20

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

¶21

The ABLAPL is, accordingly, disposed of being allowed.

¶22

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

¶23

(S. Pujahari) Judge

¶24

SKB

¶25

Page 2 of 2

Sagarika Nayak @ Runu Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sagarika Nayak @ Runu Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sobhalin Bhuyan Vs State of Odisha

Jitu Kumbhar Vs State of Odisha

Chanchala Nayak Vs State of Odisha

Ranjan Kumar Rout Vs State of Odisha

Ranjan Kumar Rout Vs State of Odisha

Babaji Beura Vs State of Odisha