Allowed

Sankar Narayana Baitharu v. State of Odisha

Orissa HC20 Dec 2021ABLAPL/15295/2021

Case brief

AI extract

What is this about?

Petitioner sought pre-arrest bail apprehending arrest in a case involving offenses under IPC Sections 341, 323, 506, 294 and 354. Court allowed bail contingent on cooperation with investigation and no new graver offenses.

What did the court decide?

Petitioner directed to be released on bail by arresting officer on terms and conditions deemed just and proper subject to cooperation with investigation.

Sankar Narayana Baitharu 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.15295 of 2021

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Sankar Narayana Baitharu

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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.

20.12.2021

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Berhampur GRPS P.S. Case No.33 of 2021 registered for alleged commission of offences punishable under Sections 341, 323, 506, 294 and 354 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner 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 also it being not disputed that the Petitioner’s release on pre-arrest bail shall not be an

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hindrance to a 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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Sankar Narayana Baitharu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sankar Narayana Baitharu v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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