The High Court of Odisha granted pre-arrest bail to petitioners accused of offences under the IPC and DP Act arising from marital discord, finding no likelihood of interference with investigation or tampering with evidence.
Directing the arrest officer to release the petitioners on bail on terms and conditions deemed just and proper.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.3610 of 2021
O R D E R
mode.
The petitioners in this case apprehending their arrest in Nilagiri P.S. Case No.340 of 2020 corresponding to C.T. Case No.467 of 2020 on the file of learned S.D.J.M., Nilagiri, registered for alleged commission of offences punishable under Sections 498-A/294/ 323/307/506/34 of the I.P.C. & Section 4 of D.P.Act, have filed this petition for their release on pre-arrest bail.
Heard, the learned counsel for the petitioners
and the learned counsel for the State.
Perused the allegation made in the F.I.R.
It appears that the matter arises out of marital discord.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature of accusation including the accusation under Section 307 of I.P.C., 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,
2
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.
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.
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.
The ABLAPL is, accordingly, disposed of being
allowed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether petitioners are entitled to release on pre-arrest bail in a case involving offences under Sections 498-A and 307 IPC alleged in the context of marital discord.
Whether granting pre-arrest bail would be a hindrance to the free and fair investigation of the charges.
2 provisions across 2 enactments
Sushanta Dhala @ Sushanta Kumar Dhal
Satyabhama Dhal
Smt. Minu Biswal @ Susanti Biswal
Dillip Kumar Biswal
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
