Allowed

Jagabandhu Tarai v. State of Odisha

Orissa HC24 Dec 2021ABLAPL/13859/2021

Case brief

AI extract

What is this about?

Single judge allowed pre-arrest bail to petitioners who are family members of accused in a case for rape and abduction, holding it would not hinder investigation as they are willing to cooperate and have no chance of absconding.

What did the court decide?

Order directing that upon arrest of the Petitioners in connection with the case, they be released on bail on just and proper terms and conditions.

Jagabandhu Tarai 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.13859 of 2021

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Jagabandhu Tarai and others

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Petitioners

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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 Petitioners apprehending their arrest in Nihal Prasad P.S. Case No.213 of 2021 registered for alleged commission of offences punishable under Sections 376(1), 294, 366, 506 read with Section 34 of the I.P.C., have filed this petition for their release on pre-arrest bail.

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

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Considering the nature of accusation and the fact that the Petitioners are the family members of the accused, who committed the offences under Section 376(1) and 366 of the I.P.C. and it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the Petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have 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 Petitioners in connection with the aforesaid case, they 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 Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners 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.
(S. Pujahari)
Judge

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Jagabandhu Tarai v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jagabandhu Tarai v. State of Odisha

Case brief

What is this about?

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