Orissa High Court
Dipu Nahak @ Anda Dipu vs State Of Orissa ... Opp. Party on 30 March, 2021
Author: S.Pujahari
Bench: S. Pujahari
CORAM : Hon'ble Shri Justice S. Pujahari
ABLAPL No.3565 of 2021
Dipu Nahak @ Anda Dipu ... Petitioner
- Versus -
State of Orissa ... Opp. Party
ORDER
2. 30.3.2021 Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Gosaninuagaon P.S. Case No.141 of 2020 corresponding to G.R. Case No.1824 of 2020 pending in the court of learned S.D.J.M., Berhampur registered for alleged commission of offences punishable under Sections 294-A/420/120-B/34 IPC read with Sections 4/5 of the Prize Chits and Money Circulation Schemes (Banning) Act has filed this petition for his 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 petitioner's release on pre-arrest bail shall not be a hindrance to the 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 2 he has 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 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.
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.
The ABLAPL is, accordingly, disposed of being allowed.
The parties may utilize the copy of this order as per the High Court's Notice No.4587 dated 25.03.2020.
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S.Pujahari, J.