Petitioner, implicated in offences under various IPC sections, sought pre-arrest bail. Court found custodial interrogation unnecessary and no flight risk.
Petitioner to be released on bail by the Arresting Officer upon arrest subject to conditions including cooperation with investigation and no other graver offences.
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ABLAPL No.3872 of 2019
02. 04.04.2019
The petitioner in this case having been implicated in Puruna Bazar P.S. Case No.35 of 2019 corresponding to G.R. Case No.304 of 2019, pending in court of learned S.D.J.M., Bhadrak for alleged commission of offences punishable under Sections 341, 323, 379, 427 and 506 of I.P.C., has filed this petition for his release on pre-arrest bail.
Heard the learned counsel for the petitioner and the learned counsel for the State.
Perused the allegations made in the F.I.R.
Regard being had to the nature of accusations, punishment prescribed, circumstances in which the offence stated to have been committed and also the fact that custodial interrogation of the petitioner is not essential for investigation of the case, coupled with the fact that the petitioner at large shall not make any hindrance to the investigation and collection of materials, this Court is of the view that the petitioner in this case deserves to be released on pre-arrest bail, more so when this Court feels that the petitioner has hardly any chance of abscondance, if released on pre-arrest bail.
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.
However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed. Urgent certified copy of this order be granted on proper application.
………………… S.Pujahari, J.
MRS
2
3
2 issues framed by the court
Whether the petitioner, implicated in offences under Sections 341, 323, 379, 427 and 506 of I.P.C., deserves pre-arrest bail.
Whether custodial interrogation of the petitioner is essential for the investigation.
1 provisions across 1 enactments
Petitioner
State
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
