Orissa High Court
Gopinath Sahoo @ Babu vs State Of Odisha ... Opp. Party on 13 April, 2021
Author: S.Pujahari
Bench: S. Pujahari
IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.4232 of 2021
1. Gopinath Sahoo @ Babu
2. Lingaraj Sahoo
3. Giridhari Sahoo @ Giria ... Petitioners
-versus -
State of Odisha ... Opp. Party
CORAM : HON'BLE SHRI JUSTICE S. PUJAHARI
ORDER
2. 13.04.2021 This matter is taken up through video conferencing mode.
The petitioners apprehending their arrest in Pipili P.S. Case No.130 of 2021 corresponding to G.R. Case No.171 of 2021 pending in the court of learned J.M.F.C., Pipili registered for alleged commission of offences punishable under Sections 341, 294, 323, 325, 379, 506, 34 of IPC have filed this petition for their release on pre-arrest bail.
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 a hindrance to the 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 2 and they have no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.
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.
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.
The ABLAPL is, accordingly, disposed of being allowed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court's website or print out thereof at par with certified copy in the manner prescribed, vide Court's Notice No.4587, dated 25th March, 2020.
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S.Pujahari, J.
PKS