Allowed

Baraju Behera@ Brajabandhu Dehury v. State of Odisha

Orissa HC4 Dec 2021ABLAPL/14720/2021

Case brief

AI extract

What is this about?

An anticipatory bail petition filed by Baraju Behera and Brajabandhu Dehury in Colliery P.S. Case No. 472 of 2021 invoking IPC Sections 447, 294, 323, 506 and 387/34. The High Court held that prima facie case for bail was made out and directed release on bail upon arrest subject to conditions of cooperation.

What did the court decide?

Directed that Petitioners be released on bail by the Officer effecting arrest subject to cooperation with investigation and no graver offence pending.

Baraju Behera@ Brajabandhu Dehury Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.14720 of 2021

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Order No. 01.

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Baraju Behera @ …. Petitioners
Brajabandhu Dehury &
others.
-versus-
….
State of Odisha Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
04.12.2021
1. This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Colliery P.S. Case No.472 of 2021 registered for alleged commission of offences punishable under Sections 447, 294, 323, 506 and 387/34 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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Perused the F.I.R. allegations.

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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

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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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(S. Pujahari) Judge

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MRS

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Baraju Behera@ Brajabandhu Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Baraju Behera@ Brajabandhu Dehury v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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