Allowed

Trinath Nayak v. State of Odisha

Orissa HC15 Sept 2021ABLAPL/12735/2020

Case brief

AI extract

What is this about?

High Court at Cuttack disposed of an ABLAPL for pre-arrest bail. Prayer for petitioner no.1 was found infructuous due to death. Court granted bail to petitioner no.2, directing releasing officer to grant bail if arrested, conditioned on cooperation and no other graver offence.

What did the court decide?

Petitioner no.2 to be released on bail by arresting officer if arrested, subject to cooperation and condition that no graver offence be reported.

Trinath Nayak Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.12735 of 2020

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Trinath Nayak.
2. Roni @ Satyam Sivam …. Petitioners
Samantaray @ Satyam
Suvam Samantaray.
-versus-
….
State of Odisha Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
Order 15.09.2021
No.
01. 1. This matter is taken up through Hybrid mode.
2. The Petitioners apprehending their arrest in Nayagarh P.S.
Case No.159 of 2020 registered for alleged commission of offences
punishable under Sections 341, 323, 294, 506, 376, 379/34 of IPC,
have filed this petition for their release on pre-arrest bail.

¶4

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

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Learned counsel for the petitioners submits that he does not want to press the prayer for pre-arrest bail of the petitioner no.1 – Trinath Nayak as he has already been dead. Accordingly, the prayer for pre-arrest bail of the petitioner no.1 has become infructuous.

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Page 1 of 2

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// 2 //

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So far as the prayer for pre-arrest bail of the petitioner no.2 – Roni @ Satyam Sivam Samantaray @ Satyam Suvam Samantaray is concerned, 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 no.2’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 no.2 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 no.2 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 no.2 shall cooperate with the investigation and no other graver offence is reported against the Petitioner no.2 besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

¶12

Urgent certified copy of this order be granted on proper application.

¶13

MRS

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Trinath Nayak v. State of Odisha

Case brief

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Trinath Nayak v. State of Odisha

Case brief

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