Samir Malik @ Samir Ranjan Malik Vs State of Odisha

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ABLAPL No.19013 of 2019

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16.01.2020 The petitioner apprehending his arrest in Kantamal P.S. Case No.211 of 2019, corresponding to C.T. Case No.324 of 2019, pending in the court of the learned J.M.F.C., Kantamal registered for alleged commission of offences punishable under Sections 448, 427, 294, 341, 506, 323 and 34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard, the learned counsel for the petitioner and learned counsel for the State.

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Perused the F.I.R. allegations.

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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 petitioner’s release on prearrest bail shall not be a hindrance to a free and fair investigation, this Court is of the view that the petitioner has made out a case for his release on pre-arrest bail, more particularly when he is ready and willing to cooperate with the investigation and he has no chance of absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.

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

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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.

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The ABLAPL is, accordingly, disposed of being

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allowed.

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

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……………………..

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S.Pujahari, J.

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DA

Samir Malik @ Samir Ranjan Malik v. State of Odisha

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Samir Malik @ Samir Ranjan Malik v. State of Odisha

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