Allowed

Radha Prasad Tah v. State of Odisha

Orissa HC8 Oct 2021ABLAPL/12129/2021

Case brief

AI extract

What is this about?

Petitioners filed a petition for pre-arrest bail in a criminal case involving offences under the IPC. The Court held that they had made out a case for bail as release would not hinder investigation and they were willing to cooperate. The petition was allowed.

What did the court decide?

Release on pre-arrest bail to be granted by the Officer effecting arrest on such terms and conditions as deemed just and proper.

Radha Prasad Tah Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.12129 of 2021

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Radha Prasad Tah & others

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Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: THE JUSTICE S.PUJAHARI

ORDER

Order No.

08.10.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Balasore (Town) P.S. Case No.182 of 2021 registered for alleged commission of offence punishable under Sections 294/323/427/506/34 IPC have filed this petition for their release on pre-arrest bail.

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

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Perused the F.I.R. allegations.

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On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed 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

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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 the order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Radha Prasad Tah v. State of Odisha

Case brief

What is this about?

What did the court decide?

Radha Prasad Tah v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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