This court allowed a petition for pre-arrest bail in a case involving offences under the IPC and Dowry Prohibition Act. The court found no material to suggest the petitioner would abscond or tamper with evidence.
Prayer for pre-arrest bail allowed; directed to release on bail within four weeks if bail application filed before competent court.
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ABLAPL No.11749 of 2016
30.08.2016
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner in this case having been implicated in Naikanidihi P.S. Case No.68 of 20
16 corresponding to G.R. Case No.351 of 2016, pending in court of the J.M.F.C., Basudevpur for
alleged commission of offences punishable under Sections 498-A/323/294/354(A)/307/506/511/34
of I.P.C. and Section 4 of the Dowry Prohibition Act, filed this petition for his release on p
re-arrest bail.
It appears from the materials available on record that the aforesaid case arises out of
a complaint case and the same has been registered as P.S. Case pursuant to the direction of t
he learned J.M.F.C., Basudevpur. No injury appears to have been caused. Nothing is there on re
cord indicating the fact that the petitioner shall abscond or tamper with the prosecution evid
ence, if allowed to go on pre-arrest bail.
Therefore, regard being had to the facts and submissions, especially the nature of accu
sation against the petitioner, circumstances in which the offences alleged to have been commit
ted and hardly any material being there to suggest that the petitioners shall abscond or tampe
r with the prosecution evidence, if allowed to go on pre-arrest bail, I am of the view that th
is is a fit case to enlarge the petitioner on pre-arrest bail.
Hence, this Court directs that if the petitioner surrenders and makes a motion for bail
before the Court in seisin over the matter within four weeks hence, he shall be released on b
ail by the Court in seisin over the matter on such terms and conditions as it may deem just an
d proper including the condition that he shall cooperate with the investigation.
Accordingly, the prayer for pre-arrest bail stands allowed and the ABLAPL is disposed
of.
Issue urgent certified copy as per rules.
S.Pujahari, J.
2
2 issues framed by the court
Whether the petitioner is fit for pre-arrest bail given the nature of accusation and lack of flight risk.
Whether conditions can be imposed requiring cooperation with investigation.
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court