Allowed

Bhajaram @ Bhojaraj Behera v. State of Odisha

Orissa HC3 Nov 2021ABLAPL/3232/2021

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioners in a case involving alleged offences under various IPC sections. The court observed that injuries sustained were simple and there was no likelihood of absconding. Bail was granted subject to conditions prohibiting contact with witnesses and indulgence in criminal activities.

What did the court decide?

Allowed pre-arrest bail subject to not contacting witnesses or indulging in criminal activities and cooperating with investigation.

Bhajaram @ Bhojaraj Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.3232 of 2021

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Bhajaram @ Bhojaraj Behera & another.

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…. Petitioners

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-versus-

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…. State of Odisha Opposite Party

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CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 03.11.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Sindhekela P.S. Case No.18 of 2021 registered for alleged commission of offences punishable under Sections 448, 294, 323, 324, 325, 326 and 307/34 of IPC, have filed this petition for their release on pre-arrest bail.

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

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The learned counsel for the State placed the materials as appearing against the petitioners in the Case Diary.

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As it appears from the materials placed, parties were in litigating terms, for which the petitioners stated to have attacked the Informant-party while they were in the house. Injuries sustained are simple in nature, as submitted by the learned counsel for the State.

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Investigation in this case has substantially progressed and nothing is there on record to show that the petitioners shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail.

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On consideration of the aforesaid allegations made against the petitioners and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, fact that the injuries sustained are simple in nature, as stated by the learned counsel for the State and 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 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 including the conditions that they shall not make any contact or terrorize the prosecution witnesses in any manner and shall not indulge themselves in any such criminal activity while on bail, violation of which shall entail cancellation of 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

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// 3 //

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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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(S. Pujahari) Judge

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SKB/MRS

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Bhajaram @ Bhojaraj Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhajaram @ Bhojaraj Behera 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

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