Sarojaranjan Nayak v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.15877 of 2021 Sarojaranjan Nayak ....

Petitioner -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S. PUJAHARI Order No.

ORDER

18.02.2022 02.

1.

This matter is taken up through hybrid mode.

2.

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. 3.

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.

4.

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

5.

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

// 2 // 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. 6.

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.

7.

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. 8.

The ABLAPL is, accordingly, disposed of being allowed. 9.

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

(S. Pujahari) Judge DA