Sudhakar Behera Vs State of Odisha

ABLAPL NO.2741 OF 2019

04 01.08.2019

The petitioners apprehending their arrest in Angul P.S. Case No.117 of 2019, corresponding to G.R.Case No.355 of 2019 pending in the court of learned S.D.J.M., Angul for alleged commission of offences punishable under Sections 147/148/452/ 294/323/324/307/506/149 of I.P.C. 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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As learned counsel for the petitioners submits that the petitioner nos. 1 and 2 having been arrested in the meantime, their prayer for prearrest bail has become infructuous.

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So far as the other petitioner nos. 3, 4, 5 and 6 are concerned , it is submitted that since the petitioner no.1 Sudhakar Behera who is stated to have caused grievous injury on Manjulata and the petitioner no.2 Sumanta Behera who also assaulted on her, have already been arrested and released on bail, this court is of the view that the petitioner nos. 4, 5 and 6 being ladies so also the petitioner no.3 being a person of tender age having no criminal antecedents and least chance of their being 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 this case.

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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 Officer effecting arrest on such terms and conditions as deemed just and proper.

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The ABLAPL is, accordingly, disposed of being allowed.

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Issue urgent certified copy as per Rules.

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Sudhakar Behera v. State of Odisha

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Sudhakar Behera v. State of Odisha

Case brief

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