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IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13076 of 2021

N. Chinayya @ Nanda

Chinayya & another.

….

Petitioners

-versus-

State of Odisha

….

Opposite Party

CORAM: JUSTICE S. PUJAHARI

Order

No.

ORDER

01.11.2021

01.

1.

This matter is taken up through Hybrid mode.

2.

The Petitioners apprehending their arrest in Rambha P.S.

Case No.295 of 2021 registered for alleged commission of offences

punishable under Section 447/34 of IPC, Section 3 of the PDPP Act

and Section 14 of the CAA Act, have filed this petition for their

release on pre-arrest bail.

3.

Heard the learned counsel for the Petitioners 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

committed and it being not disputed that the Petitioners’ release on

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pre-arrest bail shall not be an hindrance to a 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 and

they have 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

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.

7.

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.

8.

The ABLAPL is, accordingly, disposed of being allowed.

9.

Urgent certified copy of this order be granted on proper

application.

(S. Pujahari)

Judge

SKB/MRS