The High Court allowed a pre-arrest bail application filed by a petitioner implicated in a Dhenkanal Town P.S. Case involving offences under IPC Sections 307 and 379, directing his release on bail if arrested.
Petitioner to be released on bail by the arresting officer on terms including cooperation with investigation.
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12.07.2017
ABLAPL No.8796 of 2017
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner in this case having been implicated in Dhenkanal Town P.S. Case No.119 o
f 2017 corresponding to G.R. Case No.541 of 2017, pending in court of the learned S.D.J.M., Dh
enkanal for alleged commission of offences punishable under Sections 307, 379 read with Sectio
n 34 of IPC, has filed this petition for his release on pre-arrest bail.
Regard being had to the facts and submissions made, especially the nature of accusation
, circumstances in which the offences alleged to have been committed, factum of substantial pr
ogress in the investigation 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 petitioner 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 by the arresting officer on such terms and cond
itions as he may deem just and 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
3 issues framed by the court
Whether the petitioner is eligible for pre-arrest bail on a charge of attempted murder and theft?
The nature of the accusation raises the question whether bail is warranted?
Whether the petitioner is likely to tamper with evidence or abscond if released on bail?
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