The High Court granted pre-arrest bail to the petitioners in a case involving sections 498-A, 323, 506, and 34 IPC read with the D.P. Act, finding no hindrance to investigation and no risk of absconding.
Direction to the Arresting Officer to release the petitioners on bail upon arrest on such terms and conditions deemed just and proper.
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ABLAPL NO.8625 OF 2019
02 24.06.2019
The petitioners apprehending their arrest in Dharmasala P.S. Case No.68 of 2019, corresponding to G.R. Case No.233 of 2019 pending in the court of learned J.M.F.C.,Chandikhole for alleged commission of offences punishable under Sections 498-A/323/506/34 of I.P.C. read with Section 4 of the D.P.Act have filed this petition for their release on pre-arrest bail.
Heard the learned counsel for the petitioners and learned counsel for the State.
Perused the F.I.R. allegations.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed, punishment provided on conviction of the major offence alleged and also it being not disputed that the petitioners’ release on pre-arrest bail shall not make any hindrance to the free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of abscondance and/or tampering with the prosecution evidence, if released on pre-arrest bail.
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.
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.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
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…………………… S.Pujahari, J.
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1 issue framed by the court
Whether the petitioners satisfy the requirements for release on pre-arrest bail.
Petitioners
State
S. Pujahari
As recorded by the court registry
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