Allowed

Buba@Rabinarayan Das v. State of Orissa

Orissa HC17 Apr 2019ABLAPL/2328/2018

Case brief

AI extract

What is this about?

This bail application was allowed. The court observed that despite opportunities, the State failed to examine the injured or produce medical evidence. It directed the arresting officer to release petitioners on pre-arrest bail if arrested, subject to specific conditions regarding witness safety and cooperation with investigation.

What did the court decide?

Direction to arresting officer to release petitioners on bail with conditions including no contact with witnesses and cooperation with investigation.

Buba@Rabinarayan Das Vs State of Orissa — Anticipatory Bail | Orissa HC (2019)

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ABLAPL No.2328 of 2018

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17.04.2019

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The petitioners in this case having been implicated in Chauliaganj P.S. Case No.16 of 2018 corresponding to G.R. Case No.171 of 2018, pending in court of learned S.D.J.M.(S), Cuttack for alleged commission of offences punishable under Sections 427, 325, 307, 294, 506/34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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Heard the learned counsel for the petitioners

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and the learned counsel for the State.

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Regard being had to the nature of accusations, circumstances in which the offences stated to have been committed and also the fact that in spite of the opportunities given neither the injured has been examined nor any medical evidence has been produced by the State, coupled with the fact that the petitioners at large shall not make any hindrance to the investigation and collection of materials, this Court is of the view that the petitioners in this case deserve to be released on pre-arrest bail, more so when this Court feels that the petitioners have hardly any chance of abscondance, if released on pre-arrest bail.

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Hence, this Court directs that in the event of arrest of the petitioners in connection with the aforesaid case, they be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper including the conditions that they shall not make any contact or terrorize the prosecution witnesses in any manner and shall not indulge themselves in any criminal activities, violation

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of which shall entail cancellation of bail.

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However, the aforesaid order is subject to the condition that the petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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Urgent certified copy of this order be granted on proper application.

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………………… S.Pujahari, J.

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MRS

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Buba@Rabinarayan Das v. State of Orissa

Case brief

What is this about?

What did the court decide?

Buba@Rabinarayan Das 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

Coram

Case details

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