Disposed

Arun Kumar Nayak @ Babuli Nayak v. State of Odisha

Orissa HC26 Aug 2022ABLAPL/9693/2022

Case brief

AI extract

What is this about?

The High Court of Orissa heard an application for anticipatory bail regarding a pre-arrest bail seeking in a rape-related case. The court refused to grant anticipatory bail in advance but directed release upon surrender within three weeks if a bail application is filed.

What did the court decide?

Anticipatory bail refused; bail upon surrender and filing application within three weeks.

Arun Kumar Nayak @ Babuli Nayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2022)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.9693 of 2022

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Arun Kumar Nayak @ Babuli …. Petitioners Nayak and others

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Mr. B.Pr. Das , Advocate

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-versus-

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State of Odisha

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…. Opp. Party Mr. M.K. Mohanty, A.S.C.

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CORAM:

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JUSTICE A.K. MOHAPATRA

ORDER

Order No.

26.08.2022

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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

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This is an application under Section 438, Cr.P.C. filed by the petitioners for anticipatory bail.

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The petitioners are seeking pre-arrest bail in connection with G.R. Case No.449 of 2022, arising out of Dhamara Marine P.S. Case No.27 of 2022 pending in the court of learned J.M.F.C., Chandbali for commission of offence punishable under Sections 376(2)(n)/294/ 506/34, I.P.C.

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It is submitted by learned counsel for the petitioners that the petitioners, who happens to be the parents and younger brother of the main accused and the main accused giving false promise to marriage the informant kept illicit relationship with her and that when the informant did not succeed, the present case has been lodged against all the family members.

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// 2 //

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Considering the nature of allegation, gravity of offence and the fact of the case, I am not inclined to grant anticipatory bail to the petitioner. However, it is directed that in the event the petitioners surrender and move an application for bail before the learned court in seisin over the matter within a period of three weeks from today in the aforesaid case, they shall be released on bail on such terms and conditions as would be deemed just and proper with further conditions that :-

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I. The petitioners shall cooperate with the Investigating Officer as and when required for the

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purpose of investigation; and

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II. they shall not default in attendance of the court during trial on each date of posting;

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Violation of any of the terms and conditions shall entail cancellation of bail.

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Accordingly, the ABLAPL is disposed of.

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

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Jagabandhu

Arun Kumar Nayak @ Babuli Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Arun Kumar Nayak @ Babuli Nayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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