Allowed

Ilu @ Lipu Rout @ Swain v. State of Odisha

Orissa HC5 Apr 2021ABLAPL/3622/2021

Case brief

AI extract

What is this about?

The High Court of Oriassa, Cuttack, granted pre-arrest bail to petitioners in an IPC offences case. The court held that bail would not hinder investigation and directed their release on conditions of cooperation with the inquiry.

What did the court decide?

Petitioners to be released on bail upon arrest by the Officer effecting arrest on terms and conditions deemed just, provided they cooperate with the investigation.

Ilu @ Lipu Rout @ Swain Vs State of Odisha — Bail and Remand | Orissa HC (2021)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

ABLAPL No.3622 of 2021

¶3

Ilu @ Lipu Rout @ Swain. 2. Bapi Swain. 3. Biki @ Bikas Chandra Kalia.

¶4

Kishore Swain @ Kishore Kumar Swain … Petitioners. - Versus – State of Odisha … Opp. Party.

¶5

CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI

¶6

O R D E R

¶7

05.04.2021

¶8

This matter is taken up by video conferencing mode.

¶9

The petitioners in this case apprehending their arrest in Cuttack Sadar P.S. Case No.135 of 2021 corresponding to G.R. Case No.531 of 2021 on the file of learned J.M.F.C.(R), Cuttack, registered for alleged commission of offences punishable under Sections 341/323/294/324/506/379/34 of the I.P.C., have filed this petition for their release on pre-arrest bail.

¶10

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

¶11

Perused the allegations made in the F.I.R.

¶12

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 a hindrance to the free and fair investigation, this Court is of the view that the

¶13

¶14

petitioners have made out a case for their release on prearrest 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.

¶15

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.

¶16

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.

¶17

The ABLAPL is, accordingly, disposed of being

¶18

allowed.

¶19

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 25^th March, 2020.

¶20

S.Pujahari, J.

¶21

RKS

Ilu @ Lipu Rout @ Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Ilu @ Lipu Rout @ Swain 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

Case details

Similar cases

Prakash Nayak Vs State of Odisha

Pradeep Parida Vs State of Odisha

Saroj Kumar Harpal Vs State of Odisha

Sushanta Dhala @ Sushanta Kumar Dhal Vs State of Odisha

Jitu Gouda Vs State of Odisha

Sk. Sadik Quadri @ Nana Sk Nana Vs State of Odisha