Allowed

Dhanurjay Jena v. State of Odisha

Orissa HC9 Nov 2021ABLAPL/13669/2021

Case brief

AI extract

What is this about?

This High Court order grants pre-arrest bail to the petitioner, a husband accused of domestic violence and attempt to murder under sections including 307 and 498A IPC. The court found the disclosure of evidence satisfied and ordered the arresting officer to release the petitioner on bail on terms of cooperation and no new offenses.

What did the court decide?

Release on bail in case of arrest on terms of cooperation with investigation and no new graver offenses reported.

Dhanurjay Jena Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.13669 of 2021

Dhanurjay Jena

Petitioner

-versus-

State of Odisha & another

¶7

…. Opposite Parties

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CORAM: THE JUSTICE S.PUJAHARI

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Order No. 01.

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ORDER 09.11.2021

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This matter is taken up through Hybrid mode.

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The Petitioner apprehending his arrest in Balasore Sadar P.S. Case No.306 of 2021 registered for alleged commission of offence punishable under Sections 498A/294/323/324/307/506/34 IPC 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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It appears that the matter arises out of a marital discord between the informant and her husband. The Petitioner is the husband. The offence of attempt to murder stated to have been made by smothering, pressing a pillow on the face of the informant by the petitioner.

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Considering the facts and the submissions made, especially the nature of accusation under Section 307 IPC, circumstances in which the offences stated to have been

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committed and also it being not disputed that the Petitioner’s release on pre-arrest bail shall not be a 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 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.

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

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(S. Pujahari) Judge

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PKS

Dhanurjay Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dhanurjay Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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