The Single Bench dismissed the petitioner's application for pre-arrest bail in a criminal case involving severe charges, including murder under Section 302 IPC, finding the apprehension of arrest insufficient to override the heinous nature of the offence.
Prayer for release on pre-arrest bail stands rejected; ABLAPL dismissed.
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ABLAPL No.11611 of 2019
The petitioner apprehending his arrest in Bhadrak Rural P.S. Case No.210 of 2017, corresponding to GR Case No.673 of 2017 pending in the court of learned S.D.J.M., Bhadrak registered for alleged commission of offences punishable under Sections 143/144/147/148/149/341/323/324/325/307/294/ 506/34 of the I.P.C. has filed this petition for his release on pre-arrest bail.
Heard, learned counsel for the petitioner and learned counsel for the State.
It appears that though initially FIR was lodged for the aforesaid offences but subsequently, chargesheet has been filed against him under Section 302 of the IPC including other offences. The present petitioner is one of the assailants and direct allegation is available against him.
Considering the facts and submissions made, especially the nature of accusation, character of incriminating materials appearing against the petitioner, circumstances in which the offence stated to have been committed, heinousness and seriousness of the offence and the punishment prescribed on conviction for the offence under Section 302 of I.P.C. is capital punishment and also there being nothing on record to show that the allegation has been made against the petitioner being actuated with malafide, this
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Court is not inclined to release the petitioner on pre-arrest bail.
Accordingly, the prayer for pre-arrest bail of the petitioner stands rejected and the ABLAPL is disposed of being dismissed.
…………………..
S.Pujahari, J.
RKS
1 issue framed by the court
Whether a petition for release on pre-arrest bail should be granted given the heinousness of the murder charge under Section 302 IPC and substantial evidence against the petitioner.
2 provisions across 1 enactments
The Petitioner
The State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
