Allowed

Samsan Bagha v. State of Odisha

Orissa HC2 Aug 2019ABLAPL/1939/2019

Case brief

AI extract

What is this about?

The Single Judge allowed a petition seeking pre-arrest bail for a petitioner implicated in an alleged offence involving sexual intercourse. The court granted bail noting substantial investigation progress and lack of evidence suggesting the petitioner would abscond or tamper with evidence.

What did the court decide?

The petitioner shall be released on bail upon arrest on such terms and conditions as deemed just, including cooperation with the investigation.

Samsan Bagha Vs State of Odisha — Bail and Remand | Orissa HC (2019)

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ABLAPL No.1939 of 2019

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02.08.2019 The petitioner in this case having been implicated in Jeypore Mahila P.S. Case No.38 of 2017 corresponding to G.R. Case No.657 of 2017, pending in court of the learned S.D.J.M., Jeypore for alleged commission of offences punishable under Sections 366, 376(2)(n), 294, 323, 506, 312/34 of I.P.C., has filed this petition for his release on pre-arrest bail.

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

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The materials available on record would go to show that the victim, who was a major at the time of occurrence, stated to have accompanied the petitioner outside the State, stayed at different places and during their such stay the petitioner had sexual intercourse with the victim and, as such, a complaint has been made. The aforesaid case was registered seven months after the occurrence arising out of the complaint lodged. Investigation in this case has substantially progressed. Nothing is there on record indicating that the petitioner shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail.

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Therefore, regard being had to the aforesaid facts and submissions made, 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

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there to suggest that the petitioner shall abscond and/or tamper with the prosecution evidence, if allowed to go on pre-arrest bail, I 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

Samsan Bagha v. State of Odisha

Case brief

What is this about?

What did the court decide?

Samsan Bagha v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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