Allowed

Basanta Swain v. State of Odisha

Orissa HC16 Aug 2021ABLAPL/4897/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted pre-arrest bail to petitioners facing charges under various sections of the IPC. The court noted no criminal antecedents and low likelihood of tampering or absconding. Bail granted subject to cooperation with investigation and no new offences.

What did the court decide?

Petitioners to be released on bail by the arresting officer on such terms as deemed just and proper.

Basanta Swain 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.4897 of 2021

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Basanta Swain 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 Satyabadi P.S. Case No.374 of 2020 registered for alleged commission of offences punishable under Sections 341, 294, 307, 506 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 husband of the Informant is the village head and while he was intervening in a family quarrel to subside the same, he was assaulted by the present Petitioners. However, injury sustained by the husband of the Informant is simple in nature. Petitioners appear to have no criminal antecedent. Nothing is there on record to show that Petitioners release on pre-arrest bail shall have an adverse impact on a free and fair investigation and/or they shall abscond.

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Page 1 of 2

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Taking note of the aforesaid facts and submissions made, 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 including the condition that they shall cooperate with the investigation and shall not indulge in any criminal activities while on bail pursuant to this order.

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Violation of the aforesaid conditions shall entail cancellation of bail. Furthermore, if any other graver offence is reported against the Petitioners besides the aforesaid offences, this order shall not be given effect to.

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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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Basanta Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

Basanta Swain v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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