A single-judge order granting pre-arrest bail to the petitioner in a case involving offences under the IPC sections 341, 323, 324, 294 and 506. The court found no hindrance to investigation and that the petitioner would not abscond.
Petitioner to be released on bail by the arresting officer on just and proper terms and conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ABLAPL No.7458 of 2020
Pabi @ Pabitra Mohan Beura … Petitioner - Versus - State of Odisha … Opp. Party
O R D E R
In the wake of the pandemic Covid-19, the case is taken up through V.C.
The petitioner apprehending his arrest in Choudwar P.S. Case No.249 of 2020, corresponding to G.R. Case No.1172 of 2020, pending in the court of learned J.M.F.C.(R), Cuttack registered for alleged commission of offences punishable under Sections 341/323/324/294/506 of the I.P.C. has filed this petition for his release on pre-arrest bail.
Heard, the learned counsel for the petitioner and learned counsel for the State.
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 and also it being not disputed that the petitioner’s release on pre-arrest bail shall not be an hindrance to the free and fair investigation, this Court is of the view that the petitioner has made out
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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.
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.
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.
As lock-down period is continuing for COVID19, learned counsel for the parties 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.
RKS
2 issues framed by the court
Whether the petitioner qualifies for release on pre-arrest bail given the nature of allegations and his willingness to cooperate.
Whether granting pre-arrest bail would hinder the free and fair investigation in the pending case.
1 provisions across 1 enactments
Pabi @ Pabitra Mohan Beura
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
