Allowed

Sarojaranjan Nayak v. State of Odisha

Orissa HC18 Feb 2022ABLAPL/15877/2021

Case brief

AI extract

What is this about?

Single Judge allowed pre-arrest bail to the petitioner in a matrimonial dispute case involving offences under IPC and Dowry Prohibition Act, finding no risk of absconding or evidence tampering. Order passessubject to cooperation and no graver offences.

What did the court decide?

Petitioner directed to be released on bail by Officer effecting arrest on just terms and conditions if arrested.

Sarojaranjan Nayak Vs State of Odisha — Cheque Dishonour | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.15877 of 2021

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Sarojaranjan Nayak

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Petitioner

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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.

18.02.2022

This matter is taken up through hybrid mode.

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The Petitioner apprehending his arrest in Tangi P.S. Case No.234 of 2021 registered for alleged commission of offences punishable under Sections 498(A), 323, 294, 506, 494, 314 read with Section 34 of the I.P.C. and Section 4 of the Dowry Prohibition Act, 1961, has filed this petition for his release on pre-arrest bail.

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Heard the learned counsel for the Petitioner and the learned counsel for the State. No one appears on behalf of the Informant when the matter is called.

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It appears that the matter arises out of marital discord and the Petitioner is the husband of the Informant.

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Regard being had to the facts and submissions made, especially the nature of accusation, character of incriminating materials, circumstances in which the offences stated to have been committed, the fact that the matter arises out of marital discord and also it being not disputed that the Petitioner’s release on pre-arrest bail

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shall not be an hindrance to a free and fair investigation, this Court is of the view that the Petitioner has made out a case for his release on pre-arrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on prearrest bail.

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Hence, this Court directs that in the event of arrest of the Petitioner in connection with the aforesaid case, he 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 shall cooperate with the investigation and no other graver offence is reported against the Petitioner 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. (S. Pujahari) Judge

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Sarojaranjan Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sarojaranjan Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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