Orissa High Court
Tapan Kumar Jena vs State Of Odisha .... Opposite Party on 27 September, 2021
Author: S.Pujahari
Bench: S.Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.9638 of 2021
Tapan Kumar Jena .... Petitioner
-versus-
State of Odisha .... Opposite Party
CORAM:JUSTICE S.PUJAHARI
ORDER
Order 27.09.2021 No. 02. 1. This matter is taken up through hybrid mode.
2. The Petitioner apprehending his arrest in Khallikote P.S. Case No.451 of 2021, registered for alleged commission of offences punishable under Sections 447 read with Section 34 of the I.P.C., Section 3 of Prevention of Damage to Public Property Act and Section 14 of the Coastal Aquaculture Authority Act, 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. The investigation in this case has substantially progressed. Nothing is there on record to show that the Petitioner shall abscond and/or tamper with the prosecution evidence, if released on pre- arrest bail.
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5. Considering the aforesaid facts and submissions made, especially the nature of accusation, 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 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 this order be granted on proper application.
(S. Pujahari) Judge RKS Page 2 of 2