Allowed

Himanshu Biswal v. State of Odisha

Orissa HC24 Dec 2021ABLAPL/13821/2021

Case brief

AI extract

What is this about?

This High Court granted pre-arrest bail to the petitioner in an IPC case. The court held that the simple nature of the injury and the petitioner's willingness to cooperate justified release, subject to cooperating with the investigation and the absence of graver offences.

What did the court decide?

Directed that if the petitioner is arrested, he be released on bail by the arresting officer on just terms, provided he cooperates with the investigation and no graver offence is reported.

Himanshu Biswal 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.13821 of 2021

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Himanshu Biswal

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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: JUSTICE S. PUJAHARI

ORDER

Order No.

24.12.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Jarpada P.S. Case No.262 of 2021 registered for alleged commission of offences punishable under Sections 341, 294, 323, 307, 379, 506 read with Section 34 of the I.P.C., has filed this petition for his release on prearrest bail.

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

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Learned counsel for the State submits that the injury sustained by the injured is simple in nature and investigation in this case has substantially progressed.

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Considering the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and the fact that the injury sustained by the injured is simple in nature, as submitted by the learned

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counsel for the State and also it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an 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 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 this order be granted on proper application.

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(S. Pujahari) Judge

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Himanshu Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Himanshu Biswal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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