Orissa High Court
Mukesh Mishra vs State Of Odisha .... Opposite Party on 19 August, 2021
Author: S. Pujahari
Bench: S. Pujahari
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.10298 of 2021
Mukesh Mishra.
.... Petitioner
-versus-
State of Odisha .... Opposite Party
CORAM: JUSTICE S. PUJAHARI
ORDER
Order 19.08.2021 No. 01. 1. This matter is taken up through Hybrid mode.
2. The Petitioner apprehending his arrest in Kesinga P.S. Case No.229 of 2021 registered for alleged commission of offences punishable under Sections 294-A, 109, 420 of I.P.C., Section 4 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978 and Section 5 of the Prize Chits and Money Circulation Schemes (Banning) Act, 1978, 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. Perused the F.I.R. allegations.
5. 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 Page 1 of 2 // 2 // committed and also it being not disputed that the Petitioner's release on pre-arrest bail shall not be an hindrance to a 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 MRS Page 2 of 2