Allowed

Shashwat Kumar Swain @ Vicky v. State of Odisha

Orissa HC12 Nov 2021ABLAPL/12356/2021

Case brief

AI extract

What is this about?

In a bail petition filed apprehending arrest for alleged offences under the IPC, the High Court of Odisha allowed the plea, directing release on bail with conditions to cooperate in investigation and not contact witnesses.

What did the court decide?

The petitioner is released on bail upon arrest, subject to conditions regarding cooperation with investigation and no contact with prosecution witnesses.

Shashwat Kumar Swain @ Vicky 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.12356 of 2021

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Shashwat Kumar Swain @ Vicky

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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:

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THE JUSTICE S.PUJAHARI

ORDER

Order No.

12.11.2021

This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Laxmisagar P.S. Case No.229 of 2021 registered for alleged commission of offence punishable under Sections 341/323/294/307/34 IPC 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 counsel for the State.

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Considering the facts and 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 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

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investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on prearrest 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 including the conditions that the petitioner shall not make any contact or terrorize the prosecution witnesses and he shall not indulge in any criminal activity. Violation of the conditions shall entail cancellation of bail granted pursuant to this order.

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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

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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

Shashwat Kumar Swain @ Vicky v. State of Odisha

Case brief

What is this about?

What did the court decide?

Shashwat Kumar Swain @ Vicky v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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Parties & counsel

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