Appearing a pre-arrest bail application in a police case involving IPC offences. The court, finding no likelihood of absconding or tampering, granted bail and directed the arresting officer to release the petitioners on just conditions.
Pre-arrest bail granted; directing Arresting Officer to release petitioners on bail on just terms if arrested.
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ABLAPL No.8813 of 2017
03. 10.07.2017 Heard learned counsel for the petitioners and
learned counsel for the State.
The petitioners apprehending their arrest in Raibania P.S. Case No.15
of 2017 registered for alleged commission of offences punishable under Sections 341/ 294/ 323/
354/ 34 of the I.P.C., corresponding to C.T. Case No.100 of 2017, pending in the court of lea
rned J.M.F.C., Jaleswar, have filed this petition for their release on pre-arrest bail.
Considering the facts and submissions made, especially the nature of a
ccusation, character of materials appearing against the petitioners in support of charge, circ
umstances in which the offences alleged to have been committed and hardly any material being t
here to suggest the fact that the petitioners shall abscond and/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 en
large the petitioners on pre-arrest bail.
Hence, this Court directs that in the event of arrest of the petitione
rs in connection with the aforesaid case, they be released on bail by the Arresting Officer on
such terms and conditions as the Arresting Officer may deem it just and proper.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of the order be granted on proper application.
BJ
2
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail given the nature of the offences and lack of flight risk.
Whether the learned J.M.F.C. should direct the Arresting Officer to release the petitioners on bail if arrested.
1 provisions across 1 enactments
Petitioners
State
BJ
As recorded by the court registry
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