Allowed

Kumari Pagada v. State of Odisha

Orissa HC5 Oct 2021ABLAPL/11785/2021

Case brief

AI extract

What is this about?

The High Court at Cuttack granted pre-arrest bail to a mother-in-law facing criminal charges arising from marital discord. Noting no hindrance to investigation and willingness to cooperate, the court directed arrest officers to release her on bail with standard conditions against tampering and contacting witnesses.

What did the court decide?

Petitioner directed to be released on bail by the Officer effecting arrest upon arrest, subject to conditions of cooperation and no further graver offences.

Kumari Pagada Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.11785 of 2021

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Smt. Kumari Pagada

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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 No.

ORDER 05.10.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending her arrest in Gangapur P.S. Case No.325 of 2021 registered for alleged commission of offences punishable under Sections 498(A), 341, 294, 323, 324, 307, 506 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961, has filed this petition for her release on pre-arrest bail.

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

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Perused the F.I.R. allegations.

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It appears that the matter arises out of marital discord and the Petitioner is the mother-in-law of the Victim-Informant.

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Regard being had to the facts and submissions made, especially the nature of accusation including the accusation under Section 307 of I.P.C., character of incriminating materials, circumstances in which the offences stated to have been committed, the

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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 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 including the conditions that Petitioner shall cooperate with the investigation, shall not indulge herself in any criminal activities and shall not make any contact or terrorize the prosecution witnesses in any manner. Violation of such conditions 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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9. 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) Judge

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Kumari Pagada v. State of Odisha

Case brief

What is this about?

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Kumari Pagada v. State of Odisha

Case brief

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