Allowed

Bablu@Babulu Mahananda v. State of Orissa

Orissa HC14 Aug 2019ABLAPL/13383/2017

Case brief

AI extract

What is this about?

The High Court granted pre-arrest bail to the petitioner accused of offences under IPC Sections 147, 148, 452, 294, 427, 436, and 379/149 regarding a liquor shop protest. The court held it a fit case for bail, noting substantial investigation progress and no prima facie indication of absconding.

What did the court decide?

Petitioner to be released on pre-arrest bail by the Arresting Officer on such terms and conditions as deemed just and proper, along with a condition to cooperate with the investigation.

Bablu@Babulu Mahananda Vs State of Orissa — Labour and Industrial Disputes | Orissa HC (2019)

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ABLAPL No.13383 of 2017

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06. 14.08.2019

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The petitioner in this case having been implicated in Balangir Town P.S. Case No.233 of 2017 corresponding to G.R. Case No.613 of 2017, pending in court of the learned S.D.J.M., Balangir for alleged commission of offences punishable under Sections 147, 148, 452, 294, 427, 436, 379/149 of I.P.C. has filed this petition for his release on pre-arrest bail as he apprehends his arrest in the said case.

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Heard learned counsel for the petitioner and learned counsel for the State.

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The prosecution allegation made against the petitioner is that he along with others stated to have while making protest of running of liquor shop of the Informant, caused damaged of the shop and the articles and set fire to the property including liquor causing a substantial damage to the Informant amounting to Rs.35 lacs, even if an order of this Court was there to run the shop in his favour. There were more than 70 to 80 male and female members involved. The allegation is omnibus in nature.

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Therefore, regard being had to the aforesaid facts and submissions, especially the nature of accusation, character of supportive materials appearing against the petitioner in support of the charge, circumstances in which the offences alleged to have been committed, factum of substantial progress in the investigation and hardly any material being there to suggest that the petitioner shall abscond and/or tamper with the prosecution evidence, if allowed to go on pre-arrest bail, I

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am of the view that this is a fit case to enlarge the petitioner on pre-arrest bail.

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Hence, this Court directs 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 along with the condition that he shall cooperate with the investigation.

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Accordingly, the prayer for pre-arrest bail stands

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allowed and the ABLAPL is disposed of.

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Issue urgent certified copy as per rules.

…………………

S.Pujahari, J.

MRS

Bablu@Babulu Mahananda v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bablu@Babulu Mahananda v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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