This court allowed a petition for pre-arrest bail for a petitioner implicated in an IPC 380/457 offence, noting the release of a co-accused and lack of need for custodial interrogation.
Petitioner to be released on pre-arrest bail on terms specified by the Arresting Officer.
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ABLAPL No.1108 of 2019
The petitioner in this case having been implicated in Ainthapalli P.S. Case No.377 of 2018, pending in the court of the learned SDJM, Sambalpur for alleged commission of offence punishable under Sections 380/457 of IPC has filed this petition for his release on pre-arrest bail.
Heard, learned counsel for the petitioner and learned counsel for the State.
Perused the allegations made in the F.I.R. It is stated that a co-accused has been released on bail by this Court in ABLAPL No.477 of 2019.
Hence, regard being had to the nature of accusations, character of evidence appearing against the petitioner, circumstances in which the offences stated to have committed and also the fact that custodial interrogation of the petitioner is not essential for investigation of the case coupled with the fact that the petitioner at large shall not make any hindrance to the investigation and collection of materials and factum of release of co-accused on pre-arrest bail by this Court in ABLAPL No.477 of 2019, this Court is of the view that the petitioner in this case deserves to be released on pre-arrest bail, more so when this Court feels that the petitioner has hardly any chance of abscondance, if released on pre-arrest bail.
Accordingly, the prayer of the petitioner for prearrest bail is allowed with a direction that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper including
2
the condition that petitioner shall co-operate with the investigation.
However, it is made clear that if any graver offence is found against the petitioner in this case besides the aforesaid offences, this order shall not be given effect to.
The ABLAPL is, accordingly, disposed of.
Urgent certified copy of this order be granted on proper application.
S.Pujahari, J.
RKS
1 issue framed by the court
Whether the petitioner, implicated in an FIR for IPC offences 380/457, deserves release on pre-arrest bail.
Petitioner
State
S. Pujahari
As recorded by the court registry
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