Allowed

Dillip Kumar Nayak @ Dillip Nayak v. State of Odisha

Orissa HC13 Aug 2021ABLAPL/1443/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted pre-arrest bail to two petitioners involved in a case of marital discord. The court held that the petitioners made out a case for release given the involvement of similar co-accused who were already freed and their willingness to cooperate with investigation.

What did the court decide?

Directions were issued that in the event of arrest, the petitioners be released on bail on terms and conditions deemed just and proper.

Dillip Kumar Nayak @ Dillip Nayak 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.1443 of 2021

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1. Dillip Kumar Nayak @ Dillip Nayak

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2. M.Sanjukta Rani @ Sita …. Petitioners Nayak -versus…. State of Odisha Opposite Party CORAM: JUSTICE S.PUJAHARI ORDER Order 13.08.2021 No. 03. 1. This matter is taken up through hybrid mode. 2. The Petitioners apprehending their arrest in Jeypore Town P.S. Case No.22 of 2021, registered for alleged commission of offences punishable under Sections 498-A, 307, 323, 294 & 506 read with Section 34 of the IPC & Section 4 of the D.P.Act, have filed this petition for their release on prearrest bail.

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

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It appears that the matter arises out of marital discord. It is stated that similarly situated co-accused persons have already

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been released on bail vide order of this Court dated 25.02.2021 in ABLAPL No.1185 of 2021.

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On consideration of the aforesaid facts and the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, factum of release of the co-accused and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a 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.

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(S. Pujahari) Judge

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RKS

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Dillip Kumar Nayak @ Dillip Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Dillip Kumar Nayak @ Dillip Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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