Bijaya Kumar Sahoo vs State Of Odisha .... Opposite Party on 4 October, 2021

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Orissa High Court

Bijaya Kumar Sahoo vs State Of Odisha .... Opposite Party on 4 October, 2021

Bench: S.Pujahari

             IN THE HIGH COURT OF ORISSA AT CUTTACK

                        ABLAPL No.10047 of 2021

             Bijaya Kumar Sahoo                    ....            Petitioner

                                        -versus-
             State of Odisha                       ....       Opposite Party


                   CORAM:
                   THE JUSTICE S.PUJAHARI

                                     ORDER

Order                               04.10.2021
No.
02.     1.       This matter is taken up through Hybrid mode.

2. The Petitioner apprehending his arrest in Rambha P.S. Case No.294 of 2021 registered for alleged commission of offence punishable under Sections 3 of the Prevention of Damage to Public Property Act, Section 14 of the Coastal Aquaculture Authority Act and Sections 447/34 IPC 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.

4. This case relates to prawn culture.

5. On consideration of the facts and the submissions, 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 a free and fair investigation, this Court is of the view that the Petitioner Page 1 of 2 // 2 // 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 pre- arrest 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 the order be granted on proper application.

(S. Pujahari) Judge PKS

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Orissa High Court