The petitioner, implicated in a case for offences under Section 498-A IPC and others, filed a petition for pre-arrest bail. The Court held that given the nature of accusations and lack of flight risk, the case was fit for pre-arrest bail.
Release on bail on furnishing a bond of Rs.20,000 with two solvent sureties each for the like amount.
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ABLAPL No.14236 of 2016
07.09.2016
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner in this case having been implicated in Dhenkanal Sadar P.S. Case No.296
of 2016 corresponding to G.R. Case No.870 of 2016, pending in court of the learned S.D.J.M., D
henkanal for alleged commission of offences punishable under Sections 498-A/294/323/506/34 of
I.P.C. and Section 4 of the D.P. Act, filed this petition for his release on pre-arrest bail.
Regard being had to the facts and submissions, especially the nature of accusation, cir
cumstances in which the offences alleged to have been committed and hardly any material being
there to suggest that the petitioner shall abscond or tamper with the prosecution evidence, if
allowed to go on pre-arrest bail, I am of the view that this is a fit case to enlarge the pet
itioner on pre-arrest bail.
Hence, this Court directs that in the event of arrest of the petitioner in connection w
ith the aforesaid case, he be released on bail on his furnishing a bail bond of Rs.20,000.00 (
Rupees Twenty thousand) with two solvent sureties each for the like amount to the satisfaction
of the arresting officer with further condition that he shall cooperate with the investigatio
n.
However, it is made clear that if any graver offence is found against the petitioner in
this case besides the aforesaid offences, this order shall not be given effect to.
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
1 issue framed by the court
Whether the petitioner is eligible for release on pre-arrest bail in connection with alleged offences under Sections 498-A/294/323/506/34 of I.P.C. and Section 4 of the D.P. Act.
2 provisions across 2 enactments
Petitioner
State
Pujahari, J.
As recorded by the court registry
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