Allowed

Ananta Moharana v. State of Orissa

Orissa HC23 Sept 2016ABLAPL/12052/2016

Case brief

AI extract

What is this about?

This judgment grants pre-arrest bail to the petitioner implicated in offences under IPC Sections 341, 323, 294, 420, 354, and 506/34, alleging dispute over property sale and abuse. No evidence of criminal antecedents or flight risk was found.

What did the court decide?

Petitioner directed to be released on bail upon furnishing bond of Rs. 20,000 with two sureties and undertaking not to contact or terrorise prosecution witnesses.

Heard the learned counsel for the petitioner and the learned counsel for the State. The petitioner in this case having been implicated in Chandrasekharpur P.S.Case No. 27 6 of 2016 corresponding to C.T.Case No.3067 of 2016 pending in the court of learned S.D.J.M., Bhubaneswar, for commission of offence punishable under Sections 341, 323, 294, 420, 354, 506/ 34, IPC, has filed this petition for his release on pre-arrest bail. It appears that the petitioner and the informant are the next door neighbours. The pet itioner said to have made an oral agreement with the informant to sell his house on certain co nditions and received part of the consideration money as advance, but without respecting to th e said agreement, he disposed of the property to another. When the same was protested by the i nformant, the petitioners said to have abused her and out-raged her modesty. Nothing is there on record indicating that the petitioner is a person of criminal antecedents and/ or likely to abscond and/or tamper with the prosecution evidence if released on pre-arrest bail.

Hence, considering the nature of accusation, character of evidence appearing against t he petitioner and the circumstance under which the offence said to have been committed and abo ve all nothing is there that the petitioner is a person of criminal antecedents and/or likely to abscond and/or tamper with the prosecution evidence, if released on bail this Court is of t he view that the petitioner deserves to be released on pre-arrest bail. Accordingly, this Cour t directs that the petitioner be released on bail in the event of his arrest by the arresting officer on his furnishing bond of Rs.20,000/- (twenty thousand) with two sureties each for the like amount with further condition that he shall not make any attempt to contact or terrorise the prosecution witnesses in any manner. Violation of any of the conditions would entail canc ellation of bail. The ABLAPL is accordingly disposed of. Issue urgent copy as per Rules.

Ananta Moharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

Ananta Moharana v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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