Pramod Kumar Rout v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.672 of 2022 Pramod Kumar Rout ....
Petitioner -versus- State of Odisha ....
Opposite Party
CORAM:
THE JUSTICE S.PUJAHARI
ORDER
03.02.2022 Order No.
01.
1.
This matter is taken up through virtual mode. 2.
The Petitioner apprehending his arrest in Bhandaripokhari P.S. Case No.02 of 2022 registered for alleged commission of offence punishable under Sections 498A/323/307/506/34 IPC and Section 4 of the D.P Act has filed this petition for his release on pre-arrest bail. 3.
Mr. S.K. Nayak, learned counsel has entered appearance on behalf of the informant by filing vakalatanama. The same be traced and tagged with the record. 4.
Heard learned counsel for the Petitioner and learned counsel for the State so also learned counsel for the Informant. 5.
It is submitted by the learned counsel for the Petitioner that one of the co-accused has already been released on bail pursuant to the order passed in ABLAPL No.563 of 2022 6.
This matter arises out of marital discord.
// 2 // 7.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature of accusation with regard to the offence under Section 307 IPC that the Petitioner along with others made an attempt to kill the informant by smothering by putting a pillow on her face, circumstances in which the offences stated to have been committed and also it being not disputed that the Petitioner's release on pre-arrest bail 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. 8.
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.
9.
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.
10.
The ABLAPL is, accordingly, disposed of being allowed.
11.
As restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the Parties may utilize a printout copy of the order available in the High Court's
// 3 // website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office order circulated vide Memo Nos.514 & 515 dated 7th January, 2022.
(S. Pujahari) Judge PKS