Allowed

Putu Behera v. State of Odisha

Orissa HC11 Jun 2020ABLAPL/6323/2020

Case brief

AI extract

What is this about?

The single-judge court granted anticipatory bail to the petitioner in a murder-related case triable by a Magistrate, accepting apprehension of arrest based on a co-accused's confession and imposing standard conditions related to interrogation and tampering with witnesses.

What did the court decide?

Petitioner directed to be released on bail upon arrest upon furnishing a bond of Rs. 10,000 with two sureties for the like amount, subject to specified conditions.

Putu Behera Vs State of Odisha — Anticipatory Bail | Orissa HC (2020)

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ABLAPL No. 6323 of 2020

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Putu Behera … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP. PARTY

11.06.2020 The matter is taken up through Video Conferencing.

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

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This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with Kiakata P.S. Case No.23 of 2020 corresponding to G.R. Case No.335 of 2020 pending in the court of learned S.D.J.M., Athamallik for alleged commission of offences under sections 457/380 of the Indian Penal Code.

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Learned counsel for the petitioner submitted that even though the F.I.R. was lodged against unknown persons and the offences are triable by Magistrate, after the arrest of one of the co-accused, he disclosed the name of the petitioner while in police custody and on that basis the petitioner is apprehending his arrest in connection with this case.

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Learned counsel for the State opposed the prayer for anticipatory bail.

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Perused the F.I.R. annexed to the anticipatory bail application.

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Considering submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner and also the fact that the petitioner

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has been implicated on the basis of the confessional statement of co-accused before the police and that the offences are triable by Magistrate, I am inclined to release the petitioner on anticipatory bail and accordingly, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.10,000/-(Rupees ten thousand) with two sureties each for the like amount to the satisfaction of the arresting officer with further conditions that he shall make himself available for interrogation by the I.O. as and when required and he shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing any facts to the Courts or to the investigating Officer.

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Violation of any of the above conditions shall entail cancellation of bail.

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The ABLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Putu Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

Putu Behera v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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