Single judge rejected the petitioner's prayer for pre-arrest bail in a case involving offences under various sections of the IPC, citing the gravity of accusations and lack of evidence of mala-fide intent, while vacating an interim order.
Prayer for pre-arrest bail rejected; interim order dated 26.09.2016 vacated.
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08. 13.01.2017 ABLAPL No. 15439 of 2016
Heard the learned counsel for the petitioner and learned counsel for the State.
The petitioner in this case having been implicated in Olatpur
P.S. Case No.73 of 2016, corresponding to G.R. Case No.1508 of 2016 pending in the court of l
earned JMFC(R), Cuttack, registered for alleged commission of offences punishable under Sectio
ns 341/457/354/354(A)/506/379 of IPC, has filed this petition for his release on pre-arrest ba
il.
Regard being had to the facts and submissions made, especially
the nature and gravity of accusation, circumstances in which the offences alleged to have been
committed, character of materials appearing against the petitioner in support of charge and t
here being nothing on record to show that the allegations have been made against the petitione
r being actuated with mala-fide, this Court is not inclined to release the petitioner on pre-a
rrest bail.
Accordingly, the prayer for pre-arrest bail stands rejected a
nd the ABLAPL is disposed of.
Interim order dated 26.09.2016 passed in this case stands vacated.
A free copy of this order be handed over to the learned counsel for the State
forthwith for communication of the order regarding vacation of interim order, to the police st
ation concerned.
..
S. Pujahari, J.
SKG
2
2 issues framed by the court
Whether the petitioner should be released on pre-arrest bail given the nature and gravity of the allegations.
Whether there is any material to show that the allegations were made with mala-fide motives.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court