Allowed

Jagannath Swain v. State of Orissa

Orissa HC9 Jan 2017ABLAPL/12456/2016

Case brief

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What is this about?

The Court allowed a petition for pre-arrest bail filed by petitioners apprehending arrest in Dhusuri P.S. Case and G.R. Case involving IPC and POCSO charges. The judgment relied on the victim's statement indicating voluntary elopement with the petitioner's son, finding no risk of absconding or tampering with evidence.

What did the court decide?

Prayer for pre-arrest bail allowed; petitioners to be released on bail on terms as deemed just and proper by the arresting officer in case of arrest.

The petitioners apprehending their arrest in Dhusuri P.S. Case No.0120 /2016 registered for alleged commission of offences punishable under Sections 363/366(A)/506/3 4 I.P.C and Section 4 of POCSO Act corresponding to G.R. Case No.248 of 2016, pending in the Court of learned Sessions Judge, Bhadrak have filed this petition for their release on pre-ar rest bail.

Perused the statement of the victim recorded under Section 164 Cr.P.C. As it appears from the statement of the victim that the victim eloped with the son of the pe titioner no.1 and 2 namely Sanjib Swain on her own volition.

Drawing the notice of the Court to the aforesaid fact, counsel for th e petitioner submits that the petitioners family members Sanjib Swain, therefore, deserves to be released on bail as they have been indicted in a false and concocted case against them. Learned counsel for the State does not dispute the statement of the v ictim recorded under Section 164 Cr.P.C indicating the aforesaid. Nothing is also there in t he record that petitioner shall abscond or tamper with the prosecution evidence.

Hence, regard being had to the facts and circumstances of the case es pecially the nature of accusation, character of evidence appeared against the petitioners, cir cumstances in which the offences alleged said to have been committed, this Court is of the vie w that the petitioners deserve to be released on pre-arrest bail more so when there

is nothing against them indicating that they shall abscond or tamper with the prose cution evidence, if released on pre-arrest bail. I would, therefore, allow this prayer for pre-arrest bail and direct that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail on such terms and conditions as the Arresting Officer may deem it just and pr oper

Jagannath Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Jagannath Swain v. State of Orissa

Case brief

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What did the court decide?

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