Allowed

Sk. Rahemtula v. State of Odisha

Orissa HC25 Oct 2021ABLAPL/12341/2021

Case brief

AI extract

What is this about?

The High Court of Odissa granted pre-arrest bail to the petitioner, who faced charges under IPC and the Prevention of Cruelty to Animals Act, viewing his bail request as non-prejudicial to a fair investigation provided he cooperates and does not flee.

What did the court decide?

Directed police officer releasing the arrested petitioner to do so on bail with conditions of cooperation in investigation and no pending graver offences.

Sk. Rahemtula 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.12341 of 2021

Sk. Rahemtula.

…. Petitioner

-versus-

State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 25.10.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Tamando P.S. Case No.141 of 2021 registered for alleged commission of offences punishable under Section 379/34 of IPC and Section 11 of the Prevention of Cruelty to Animals Act, 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

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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 it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an hindrance to a free and fair

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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.

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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. 9. Urgent certified copy of this order be granted on proper application. (S. Pujahari) Judge

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SKB/MRS

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Sk. Rahemtula v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sk. Rahemtula v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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