High CourtsSingle Bench

Tukuna Rout & Others vs State Of Odisha

Orissa High Court · Decided on 8 November 2022 · Citation: (2022) 11 OHC CK 0060

HON’BLE JUDGES
S.Pujahari, J
ACTS & SECTIONS REFERRED
Indian Penal Code, 1860 — Section 34, 294, 325, 498A, 506 · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Anticipatory Bail Application No.13295 Of 2021
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Judgment

11 paragraphs · 272 words

S.Pujahari, J

1.

This matter is taken up through Hybrid mode.

2.

The Petitioners apprehending their arrest in Thakurgarh P.S. Case No.242 of 2021 registered for alleged commission of offence punishable under Sections 498-A/294/323/506/34 IPC read with Section 4 of the D.P Act have filed this petition for their release on pre-arrest bail.

3.

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

4.

Perused the F.I.R. allegations.

5.

On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and also it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a free and fair investigation, 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.

6.

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.

7.

However, the aforesaid order is subject to the condition that the Petitioners shall cooperate with the investigation and no other graver offence is reported against the Petitioners besides the aforesaid offences.

8.

The ABLAPL is, accordingly, disposed of being allowed.

9.

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

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