Allowed

Kartik Behera v. State of Odisha

Orissa HC19 Apr 2021ABLAPL/4506/2021

Case brief

AI extract

What is this about?

The High Court of Oriassa granted pre-arrest bail to petitioners facing charges under various IPC sections. The court held that bail would not hinder investigation as petitioners are willing to cooperate and will not abscond or tamper with evidence. Arrestees are to be released on bail upon arrest subject to cooperation conditions.

What did the court decide?

Petitioners to be released on bail by the Officer effecting arrest upon arrest on terms and conditions deemed just and proper.

Kartik Behera Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA, CUTTACK

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ABLAPL No.4506 of 2021

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1. Kartik Behera

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2. Bulu Behera

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3. Trilochana Behera

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4. Madhusudana Behera … Petitioners

-versus –

State of Odisha

… Opp. Party

CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI

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ORDER

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19.04.2021

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This matter is taken up through video conferencing

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mode.

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The petitioners apprehending their arrest in Balianta P.S. Case No.98 of 2021 corresponding to G.R. Case No.289 of 2021 pending in the court of learned J.M.F.C (O)., Bhubaneswar registered for alleged commission of offences punishable under Sections 341/294/323/324/354/506/34 IPC have filed this petition for their release on pre-arrest bail.

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Learned counsel for the State has made no objection to the prayer for pre-arrest bail of the petitioners.

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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 petitioners’ release on pre-arrest bail shall not be a hindrance to the free and fair investigation, this

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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.

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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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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.

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PKS

Kartik Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kartik Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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