Allowed

Rupak Kumar Nayak @ Muna v. State of Odisha

Orissa HC8 Dec 2021ABLAPL/8260/2020

Case brief

AI extract

What is this about?

The High Court of Orissa allowed an appeal for pre-arrest bail. The court directed that if petitioners surrender within six weeks, they will be released on bail with standard conditions. Failure to surrender permits arrest via non-bailable warrant.

What did the court decide?

Petition allowed. Directed that surrender within six weeks will lead to bail from court in seisin; otherwise arrest permitted.

Rupak Kumar Nayak @ Muna Vs State of Odisha — Anticipatory Bail | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.8260 of 2020

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Rupak Kumar Nayak @ Muna & 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: THE JUSTICE S.PUJAHARI

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Order No.

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	ORDER 08.12.2021
1. This matter	is taken up through Hybrid mode.

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The Petitioners apprehending their arrest in Kuakhia P.S. Case No.180 of 2020 registered for alleged commission of offence punishable under Sections 341, 294, 385, 506/34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard learned counsel for the Petitioners and learned counsel for the State.

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It is stated that charge-sheet in this case has already been filed.

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Considering the facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, the factum of completion of investigation and there being no likelihood of the Petitioners absconding and/or tampering with the prosecution

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Page 1 of 2

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// 2 //

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evidence, if released on pre-arrest bail, this Court directs that if the Petitioners surrender before the Court in seisin over the matter and make a motion for bail, the Court in seisin over the matter shall release them on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper including the conditions that they shall cooperate with the investigation, shall not indulge themselves in any criminal activity, shall not contact or terrorize the prosecution witnesses in any manner. Violations of the conditions imposed shall entail cancellation of bail.

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However, if the Petitioners do not surrender with

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promptitude, preferably within six weeks hence, there is no impediment on the part of the police to take them to custody and produce in the Court executing the non-bailable warrant issued or pending against them in the aforesaid case and in that event, the court concerned shall consider their prayer on its own merit.

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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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SKB

Rupak Kumar Nayak @ Muna v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rupak Kumar Nayak @ Muna v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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