Mrutyunjaya Swain Vs State of Odisha

ABLAPL No.1121 of 2021

15.03.2021

The Petitioner apprehending his 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, has filed this petition for his release on pre-arrest bail.

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

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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 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

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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 allowed.

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

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…………………….. S.Pujahari, J.

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DA

Mrutyunjaya Swain v. State of Odisha

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Mrutyunjaya Swain v. State of Odisha

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