This order grants pre-arrest bail to a petitioner facing criminal charges for affray, hurt, theft, and criminal intimidation. The court authorized release upon the petitioner's surrender and subsequent motion for bail within eight weeks.
Release on bail granted upon surrender within eight weeks and subsequent appropriate motion.
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CORAM : Hon’ble Shri Justice S. Pujahari
ABLAPL No.5686 of 2020
Manoranjan Das @ Manu Das … Petitioner - Versus –
State of Orissa … Opp. Party
ORDER
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Nilgiri P.S. Case No.139 of 2020 corresponding to C.T. Case No.200 of 2020 pending in the court of learned S.D.J.M., Nilgiri registered for alleged commission of offences punishable under Sections 341/294/323/379/506 IPC has filed this petition for his release on pre-arrest bail.
The allegation of the prosecution is that on 3.5.2020 at about 2.40 P.M while the informant along with others returning from Nilagiri Police Station, the accused persons obstructed them on the way and abused them in filthy languages. When he opposed, the accused persons allegedly dealt fist blows to him and took away cash of Rs.500/- from his pocket, so
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also extended threat to kill him. Hence the aforesaid case has been lodged against the petitioner.
Regard being had to the facts and submissions made, especially the nature of accusation, character of evidence appearing against the petitioner, circumstances in which the offence stated to have been committed, and there being no likelihood of the petitioner absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that if the petitioner surrenders before the Court in seisin over the matter within eight weeks hence and makes a motion for bail, the Court in seisin over the matter shall release him on bail in connection with the aforesaid case on such terms and conditions as it may deem just and proper.
PKS
The ABLAPL is, accordingly, disposed of being allowed.
As Lock-down period is continuing for COVID19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
………. …………..
S.Pujahari, J.
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3 issues framed by the court
Whether the petitioner is eligible for release on pre-arrest bail apprehending arrest for offences under Sections 341/294/323/379/506 IPC.
Whether the petitioner surrendered bona fide within the stipulated period.
Whether bail should be granted on the condition of surrender within a specific timeframe.
1 provisions across 1 enactments
Manoranjan Das @ Manu Das
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
