The Single Judge Bench allowed the petitioner's appeal for pre-arrest bail in a case involving alleged offences under IPC Sections 448, 323, 324, 294, and 506, directing release on bail with terms to cooperate with investigation.
Release on pre-arrest bail with conditions including cooperation with investigation.
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ABLAPL No.8862 of 2017
10.07.2017
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner in this case having been implicated in Cuttack Sadar P.S. Case No.198 of
2017 corresponding to G.R. Case No.913 of 2017, pending in court of the learned J.M.F.C.(R),
Cuttack for alleged commission of offences punishable under Sections 448, 323, 324, 294, 506
read with Section 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 and hardly any material b
eing there to suggest that the petitioner is a person of criminal antecedent and shall abscond
or tamper with the prosecution evidence, if allowed to go on pre-arrest bail, I am of the vie
w 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
1 issue framed by the court
Whether the petitioner is eligible for release on pre-arrest bail considering the nature of the accusation and lack of material suggesting criminal antecedents or risk of absconding.
1 provisions across 1 enactments
Petitioner
State
S. Pujahari
As recorded by the court registry
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