Allowed

Raju Dey v. State of Odisha

Orissa HC20 Apr 2021ABLAPL/1242/2021

Case brief

AI extract

What is this about?

In a writ petition for pre-arrest bail, the High Court of Orissa held that the petitioner met the criteria for release, as incriminating material against him was weak and his release would not hinder investigation. The petition was allowed with conditions.

What did the court decide?

The petitioner shall be released on bail in the said M.V. case upon arrest, subject to conditions of cooperating with investigation and no new graver offences.

Raju Dey 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.1242 of 2021

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Raju Dey … Petitioner - Versus –

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State of Odisha … Opp. Party

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CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

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O R D E R

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20.04.2021 This matter is taken up by video conferencing mode.

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The petitioner in this case apprehending his arrest in M.V. 79 P.S. Case No.51 of 2019 corresponding to G.R. Case No.249 of 2019 on the file of learned J.M.F.C., Motu at M.V.79 in the district of Malkangiri, registered for alleged commission of offences punishable under Sections 363/366-A/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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

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The allegation of the prosecution reveals that the petitioner stated to have kidnapped the victim.

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Learned counsel for the petitioner submits that the petitioner has no criminal antecedent and no materials is produced indicating the fact that the petitioner shall abscond and/or tamper with the

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prosecution evidence, if released on pre-arrest bail and as such, he be released on pre-arrest bail.

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Learned counsel for the State though opposes the prayer for pre-arrest bail of the petitioner but on going through the statement of the victim recorded under Section 164 of Cr.P.C. submits that the victim has made no whisper against the petitioner in this case.

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On consideration of the aforesaid facts and the submissions made, especially the incriminating materials appearing against the petitioner, 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 a hindrance to the 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 released on bail by the Officer

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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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As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020.

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S.Pujahari, J.

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RKS

Raju Dey v. State of Odisha

Case brief

What is this about?

What did the court decide?

Raju Dey v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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