Allowed

Mini Samantray v. State of Odisha

Orissa HC29 Nov 2021ABLAPL/14275/2021

Case brief

AI extract

What is this about?

The High Court of Orissa at Cuttack granted pre-arrest bail to petitioners apprehending arrest in a case involving offences under Sections 341, 323, 325, 427/34 of IPC and subsequently added Section 506 of IPC, as they posed no flight risk and would cooperate with investigation.

What did the court decide?

The petitioners are to be released on pre-arrest bail upon arrest, subject to cooperation with investigation and no graver offence being reported.

Mini Samantray 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.14275 of 2021

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Mini Samantray & 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

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Order No.

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ORDER 29.11.2021 1. This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Badambadi P.S. Case No.301 of 2021 registered for alleged commission of offences punishable under Sections 341, 323, 325, 427/34 of IPC, 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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It is stated by the learned counsel for the petitioners that the case originally registered for aforesaid offences which are bailable in nature, but subsequently offence under Section 506 of IPC have been added, the petitioners have come to this Court for their release on pre-arrest bail.

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Perused the F.I.R. allegations.

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Page 1 of 2

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// 2 //

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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 Petitioners’ release on pre-arrest bail shall not be an hindrance to a 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.

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MRS

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Mini Samantray v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mini Samantray v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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