Dismissed

Rajkumar Behera v. State of Odisha

Orissa HC4 Dec 2019ABLAPL/14231/2019

Case brief

AI extract

What is this about?

This court was seized with an application for pre-arrest bail filed by petitioners implicated in a police case alleging offences under various I.P.C. sections and the Arms Act. The investigating officer was exempted from depositing costs. The court found the gravity of accusations and held nothing indicated mala fides. The bail application was dismissed without enjoining the case diary.

What the court decided

AI extract

Rajkumar Behera Vs State of Odisha — Cheating and Forgery | Orissa HC (2019)

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ABLAPL No.14231 of 2019

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04.12.2019

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The petitioners in this case having been implicated in Papadahandi P.S. Case No.76 of 2019 corresponding to G.R. Case No.444 of 2019, pending in the court of the learned S.D.J.M., Nabarangpur for alleged commission of offences punishable under Sections 364-A/323/506/395, 109, 120-B/34 of I.P.C. read with Sections 25 and 27 of the Arms Act, have filed this petition for their release on pre-arrest bail.

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

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The Investigating Officer in this case is personally present in Court today and files an affidavit indicating that he has already sent the Case Diary to the Office of the Advocate General, Odisha, Cuttack in connection with BLAPL Nos.7396 of 2019, 8201 of 2019 and 8205 of 2019. However, he begs excuse for not intimating the fact that the Case Diary had already been sent to the Office of Advocate General, Odisha, Cuttack in connection with the aforesaid case and prays to exempt him to deposit the cost imposed by this Court on 28.11.2019.

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Accordingly, the cost imposed on the Investigating Officer vide order dated 28.11.2019 stands exempted and his personal appearance also stands dispensed with and hence he should remain alive to the aforesaid situation in future and intimate the same immediately.

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So far as the prayer for pre-arrest bail of the petitioners is concerned, regard being had to the facts and submissions made, especially the nature of the and gravity of accusation, circumstances in which the offences alleged to have been committed and also there being nothing on record to show that the allegation has been made against the petitioners being actuated with malafide, this Court is not inclined to release the petitioners on pre-arrest bail.

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Accordingly, the prayer for pre-arrest bail of the petitioners is rejected and the ABLAPL stands disposed of being dismissed.

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………………… S.Pujahari, J.

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MRS

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Rajkumar Behera v. State of Odisha

Case brief

What is this about?

What the court decided

Rajkumar Behera v. State of Odisha

Case brief

What is this about?

What the court decided

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