Kunda @ Shusanta Kumar Patra Vs State of Odisha

ABLAPL No.2678 of 2021

22.3.2021

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

The petitioner apprehending his arrest in Bonai P.S. Case No.21 of 2021 corresponding to G.R. Case No.116 of 2021 pending in the court of S.D.J.M, Bonai for alleged commission of offence punishable under Section 353 IPC read with Section 3 of the Orissa Prevention of Gambling Act has filed this petition for his release on prearrest bail.

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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 prearrest bail shall not be a hindrance to the 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

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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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……………………..

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S.Pujahari, J.

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PKS

Kunda @ Shusanta Kumar Patra v. State of Odisha

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Kunda @ Shusanta Kumar Patra v. State of Odisha

Case brief

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What the court decided

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