Allowed

Rajendra Nayak v. State of Odisha

Orissa HC15 Sept 2021ABLAPL/11151/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a pre-arrest bail petition filed by Rajendra Nayak alleging domestic crimes and Section 498-A. The court held that considering the marital discord origin and the petitioner's cooperation, bail should be granted with specific conditions against intimidation and new offences.

What did the court decide?

Petitioner released on pre-arrest bail with conditions against witnessing contact and new offences.

Rajendra Nayak Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11151 of 2021

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Rajendra Nayak.

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Petitioner

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

15.09.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Tikiri P.S. Case No.99 of 2021 registered for alleged commission of offences punishable under Sections 498-A, 294, 323, 494/34 of I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and the learned counsel for the State, so also the learned counsel appearing for the Informant.

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Perused the F.I.R. allegations.

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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 submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed,

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the fact that the matter arises out of marital discord and it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an hindrance to a 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 including the conditions that he shall not make any contact or terrorize the prosecution witnesses in any manner and shall not indulge himself in any criminal activity while on bail, violation of which shall entail cancellation of bail.

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

(S. Pujahari)

Judge

MRS

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Rajendra Nayak v. State of Odisha

Case brief

What is this about?

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Rajendra Nayak v. State of Odisha

Case brief

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What did the court decide?

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