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Orissa High CourtABLAPL/16368/2021allowed

Santanu Rana v. State Of Odisha

2022-01-21Mr. Justice S.Pujahari2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.16368 of 2021 Santanu Rana and others ....

Petitioners -versusState of Odisha ....

Opposite Party CORAM: JUSTICE S.PUJAHARI

ORDER

21.01.2022 01.

1.

This matter is taken up through virtual mode. Order No.

2.

The Petitioners apprehending their arrest in Madanpur Rampur P.S. Case No.218 of 2021 registered for alleged commission of offences punishable under Sections 498-A, 294, 323, 506 read with Section 34 of the I.P.C., Section 4 of the Dowry Prohibition Act and Section 10 of the Prohibition of Child Marriage Act, 2006, have filed this petition for their release on pre-arrest bail.

3.

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

4.

Learned counsel for the Petitioners submits that he does not want to press this bail application in respect of Petitioner No.1-Santanu Rana. In view of such submission, the prayer for pre-arrest bail of the Petitioner No.1 stands rejected as not pressed. 5.

So far as the prayer for pre-arrest bail of the Petitioners No.2 and 3, namely, Rohit Rana and Ratani Rana is concerned, considering the nature and character of allegations made against them, circumstances in which the offences stated to have been committed, the fact that the matter

// 2 // arises out of marital discord and also it being not disputed that their release on pre-arrest bail shall not be an hindrance to a free and fair investigation, this Court is of the view that the they 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 Petitioner No.2 and 3 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 No.2 and 3 shall cooperate with the investigation and no other graver offence is reported against the Petitioners No.2 and 3 besides the aforesaid offences.

8.

The ABLAPL is, accordingly, disposed of.

9.

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 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 DA/PKS/SKB