Allowed

Bijaya Kumar Jena v. State of Odisha

Orissa HC16 Aug 2021ABLAPL/4890/2021

Case brief

AI extract

What is this about?

The High Court allowed a petition for pre-arrest bail under Section 156(3) Cr.P.C. The Court found no hindrance to investigation if bail was granted and directed police and lower courts to release the petitioners on reasonable conditions upon their arrest.

What did the court decide?

Direction to release petitioners on bail by the officer effecting arrest upon their arrest in the connected C.C. Case.

Bijaya Kumar Jena 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.4890 of 2021

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Bijaya Kumar Jana and others

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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

Order No.

16.08.2021

This matter is taken up through hybrid mode.

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The Petitioners apprehending their arrest in 1.C.C. Case No.53 of 2021 for alleged commission of offences punishable under Sections 341, 323, 294, 506, 394 read with Section 34 of the I.P.C., 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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It appears that the aforesaid compliant petition has been sent under Section 156(3) of Cr.P.C. by the learned J.M.F.C., Jaleswar to the IIC, Bhogarai Police Station for registration of the case.

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The allegation of the prosecution is that the Informant had given rupees two lakhs to the Petitioner No.1 towards consideration for purchase of a land and when the land was not registered and amount was not returned, the Informant made a demand to return the amount, but instead of refund of the amount, the Petitioners stated to

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have assaulted him and the amount of Rs.1,000/- stated to have been snatched away from him by the Petitioners.

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Considering the aforesaid facts and submissions made, especially the nature and character of allegations, circumstances in which the Petitioners have been indicted in this case and there being no material to show that the Petitioners release on pre-arrest bail shall have hindrance to a free and fair investigation and/or they shall abscond, this Court is of the view that the Petitioners have made out a case for their release 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) Judge

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Bijaya Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijaya Kumar Jena v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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