Allowed

Asish Pattanayak @ Akash Pattanayak v. State of Odisha

Orissa HC17 Mar 2021ABLAPL/2415/2021

Case brief

AI extract

What is this about?

This order grants pre-arrest bail to petitioners apprehending arrest in a criminal case involving multiple charges including Section 307 IPC. The court found that release would not hinder investigation as petitioners are cooperative and unlikely to abscond, subject to specific conditions regarding conduct and cooperation.

What did the court decide?

Petitioners to be released on bail by the Officer effecting arrest on terms and conditions if arrested in the specified case.

Asish Pattanayak @ Akash Pattanayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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ABLAPL No.2415 of 2021

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17.3.2021

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Heard learned counsel for the petitioners, learned counsel for the informant and learned counsel for the State.

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The petitioners apprehending their arrest in Krushna Prasad P.S. Case No.16 of 2021 corresponding to G.R. Case No.495 of 2021 pending in the court of learned S.D.J.M., Puri registered for alleged commission of offences punishable under Sections 341/452/380/307/323/506/34 IPC have filed this petition for their release on pre-arrest bail.

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Learned counsel for the informant has made an objection to the prayer for pre-arrest bail of the petitioner.

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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 including the alleged offence under Section 307 IPC, 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 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 with conditions

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that the petitioners shall not indulge in any criminal activity and shall not terrorize the prosecution witnesses. Violation of the conditions shall entail cancellation of pre-arrest bail.

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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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……………………..

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S.Pujahari, J.

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PKS

Asish Pattanayak @ Akash Pattanayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Asish Pattanayak @ Akash Pattanayak 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

Parties & counsel

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