Allowed

Raghunath Swain v. State of Odisha

Orissa HC15 Mar 2021ABLAPL/1119/2021

Case brief

AI extract

What is this about?

The bench allowed a petition for pre-arrest bail filed apprehending arrest under Sections 498A IPC and the Dowry Prohibition Act. The Court held that the matter arose from marital discord, the accused would not abscond or tamper with evidence, and were willing to cooperate with the investigation.

What did the court decide?

Petitioners to be released on bail on terms and conditions that they cooperate with the investigation and no graver offence is reported against them.

Raghunath Swain Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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ABLAPL No.1119 of 2021

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15.03.2021 The Petitioners apprehending their arrest in Mancheswar P.S. Case No.34 of 2021, corresponding to C.T. Case No.681 of 2021, pending in the court of S.D.J.M., Bhubaneswar registered for alleged commission of offences punishable under Sections 498(A), 294 and 506/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act, 1961, have filed this petition for their release on pre-arrest bail.

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Heard the learned counsel appearing for the Petitioners, the learned counsel appearing for the informant, and the learned counsel for the State.

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Perused the Case Diary along with other materials available on record.

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Regard being had to the facts and submissions made, especially the nature of accusation, circumstances in which the offences stated to have been committed and the fact that the matter arises out of marital discord and also it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a 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.

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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.

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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 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.

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……………………..

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S.Pujahari, J.

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Raghunath Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raghunath Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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