Allowed

Bhagirathi Mallick v. State of Odisha

Orissa HC21 Dec 2021ABLAPL/15335/2021

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a pre-arrest bail petition filed by Bhagirathi Mallick and others under Section 438 CrPC (implied context). The Court held that release would not hinder investigation and granted bail subject to conditions of cooperation and no new graver offence.

What did the court decide?

Petitioners to be released on bail by the Officer effecting arrest upon arrest, subject to cooperation with investigation and no new graver offence reported.

Bhagirathi Mallick 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.15335 of 2021

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Bhagirathi Mallick & 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: THE JUSTICE S.PUJAHARI

ORDER

Order No.

21.12.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Pipili P.S. Case No.504 of 2021 registered for alleged commission of offence punishable under Sections 341/294/323/506/34 IPC have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the petitioners and 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 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

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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 the order be granted on proper application.

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(S. Pujahari) Judge

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PKS

Bhagirathi Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagirathi Mallick v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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