The court granted pre-arrest bail to petitioners facing charges under the IPC. They are directed to surrender within six weeks to secure release on bail in the lower court.
Petitioners directed to surrender within six weeks to obtain bail; petition disposed of being allowed.
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ABLAPL NO.2533 OF 2019
05 01.08.2019 The petitioners apprehending their arrest in Machhkund P.S. Case No.03 of 2019, corresponding to G.R.Case No.70 of 2019 pending in the court of learned S.D.J.M., Koraput for alleged commission of offences punishable under Sections 294/365/323/324/34 of I.P.C. have filed this petition for their release on pre-arrest bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Though the case was registered for the alleged commission of offences punishable under Sections 294/365/ 323/324/34 of I.P.C. but as submitted by the learned counsel for the petitioners, the charge-sheet has been filed under Sections 294/323/341/506/34,I.P.C.. The petitioner no.1 appears to have given an F.I.R. against one Babula Khora, the son of the informant in this case, alleging offence under Section 376 for commission of rape on his daughter. Thereafter, this case was registered against them alleging offence as stated.
Considering the facts and submissions made, especially gravity of the offences and nature of accusation, character of the evidence appearing against the petitioners, circumstances in which they are indicted in this case, filing of the chargesheet, punishment provided on conviction of the major offence alleged and also the fact that petitioner has least chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court is of the view that the petitioners deserve to be released on pre-arrest bail in the aforesaid case.
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Hence, this Court directs that if they surrender before the court in seisin over the matter within six weeks hence in the aforesaid case and make motion for bail, they shall be released on bail by the court in seisin over the matter on such terms and conditions as deemed just and proper.
The ABLAPL is, accordingly, disposed of being allowed.
Issue urgent certified copy as per Rules.
…………………… S.Pujahari, J.
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1 issue framed by the court
Whether the petitioners should be granted release on pre-arrest bail given the gravity of the offences and absence of flight risk.
2 provisions across 1 enactments
Petitioners
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
