Partly allowed

Bhagaban Routa v. State of Odisha

Orissa HC29 Sept 2021ABLAPL/6297/2021

Case brief

AI extract

What is this about?

The Single Judge denied pre-arrest bail to Petitioner No.2 due to the heinous nature of the offence and strong incriminating material. Conversely, bail was granted to Petitioners 1 and 3, provided they cooperate with the investigation and no graver offence is reported against them.

What did the court decide?

Pre-arrest bail granted to Petitioner Nos.1 and 3 on terms of cooperation with investigation and no graver offence reported; prayer for Petitioner No.2 dismissed.

Bhagaban Routa 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.6297 of 2021

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Bhagaban Routa & others

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…. Petitioner

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-versus-

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…. State of Odisha Opposite Party

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CORAM: JUSTICE S. PUJAHARI

ORDER

Order No.

29.09.2021

This matter is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Kabisuryanagar P.S. Case No.148 of 2021, corresponding to G.R Case No.148 of 2021, pending in the court of J.M.F.C., Kabisuryanagar registered for alleged commission of offences punishable under Sections 509/448/354/323/307/506/34 IPC, have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the Petitioners and learned

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counsel for the State.

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As it appears from the submissions of the learned counsel for the State that the Petitioner No.2 stated to have been involved in an offence of heinous and serious in nature. Highly incriminating material is there indicating her involvement in the offence under Section 307 IPC.

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Therefore, regard being had to the aforesaid facts and submissions made, especially the nature and gravity of accusation, character of incriminating materials appearing against the Petitioner No.2, circumstances in which the Petitioner No.2 stated to have been indicted in this case, this Court is not inclined to release the Petitioner No.2 on pre-arrest bail.

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Page 1 of 1

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// 2 //

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Accordingly, the prayer for pre-arrest bail of the Petitioner No.2 stands rejected.

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So far as the prayer for pre-arrest bail of Petitioner Nos.1 and 3 is concerned, considering the facts and the circumstances of the case, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and also it being not disputed that release of the Petitioner nos.1 and 3 on pre-arrest bail shall not be a hindrance to a free and fair investigation, this Court is of the view that Petitioner Nos.1 and 3 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 Petitioner Nos.1 and 3 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 Petitioner Nos.1 and 3 shall cooperate with the investigation and no other graver offence is reported against the Petitioner Nos.1 and 3 besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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(S. Pujahari) Judge

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PKS

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Page 2 of 2

Bhagaban Routa v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagaban Routa v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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