Allowed

Satyasundar Sethy @ Satya Sundar Sethi v. State of Odisha

Orissa HC20 Dec 2021ABLAPL/15328/2021

Case brief

AI extract

What is this about?

Single judge allowed pre-arrest bail petition for the petitioner in a matrimonial dispute involving allegations under Sections 498-A, 420, 506 IPC and Section 4 Dowry Prohibition Act, finding no hindrance to investigation.

What did the court decide?

Petitioner to be released on bail upon arrest subject to conditions of cooperating with investigation and no other graver offence reported.

Satyasundar Sethy @ Satya Sundar Sethi Vs State of Odisha — Quashing and FIR | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.15328 of 2021

¶3

Satyasundar Sethy@ Satya Sundar …. Petitioner Sethi

¶4

-versus-

¶5

State of Odisha

¶6

…. Opposite Party

¶7

CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

20.12.2021

This matter is taken up through hybrid mode.

¶13

The Petitioner apprehending his arrest in Remuna P.S. Case No.168 of 2021 registered for alleged commission of offences punishable under Sections 498-A, 420, 506 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961, has filed this petition for his release on pre-arrest bail.

¶14

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

¶15

4. Perused the F.I.R. allegations.

¶16

It appears that the aforesaid case has been registered pursuant to the complaint petition sent under Section 156(3) of Cr.P.C. by the learned J.M.F.C.(R), Balasore to the police.

¶17

Page 1 of 2

¶18

// 2 //

¶19

It also appears that the matter arises out of marital discord and the Petitioner is the husband of the Victim-Informant.

¶20

Regard being had to the facts and submissions made, especially the nature of accusation, character of incriminating materials, circumstances in which the offences stated to have been committed, the fact that the matter arises out of marital discord and also it being not disputed that the Petitioner release on pre-arrest bail shall not be an 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 prearrest bail.

¶21

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.

¶22

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.

¶23

10. The ABLAPL is, accordingly, disposed of being allowed.

¶24

Urgent certified copy of this order be granted on proper application.

¶25

(S. Pujahari) Judge

¶26

¶27

Page 2 of 2

Satyasundar Sethy @ Satya Sundar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

Satyasundar Sethy @ Satya Sundar Sethi v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Santilata Swain Vs State of Odisha

Ashutosh Biswal Vs State of Odisha

Jyostnarani Jena Vs State of Odisha

Sankar Narayana Baitharu Vs State of Odisha

Purusottam Bagh Vs State of Odisha

Ranjan Sethi Vs State of Odisha