Allowed

Sumanta Samal v. State of Odisha

Orissa HC3 Nov 2021ABLAPL/4649/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted pre-arrest bail to the petitioners, who are relatives of the main accused in a case involving an alleged minor elopement. The court found no material indicating release would hinder the investigation and allowed bail subject to cooperation.

What did the court decide?

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

Sumanta Samal Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.4649 of 2021

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Sumanta Samal & another.

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…. Petitioners

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-versus-

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State of Odisha

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…. 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 Tantiapal Marine P.S. Case No.60 of 2020 registered for alleged commission of offence punishable under Section 363/34 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, the petitioners are the father and the paternal uncle of the main accused – Jagan Samal, with whom allegedly a minor eloped. The statement of the victim recorded under Section 164 of Cr.P.C., as placed by Mr. Jafrulla, learned

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counsel for the State, indicates that she had made no whisper against the petitioners except the fact that she eloped with the son of the petitioner no.1 and stayed as his wife. No material is there to show that release of the petitioners shall have an adverse impact on a free and fair investigation.

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On consideration of the aforesaid facts and also the submissions made, especially the nature and character of allegations, circumstances in which the petitioners have been indicted in this case 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.

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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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Urgent certified copy of this order be granted on proper application.

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(S. Pujahari)

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Judge

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MRS

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Sumanta Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sumanta Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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