This single-judge order grants pre-arrest bail to two petitioners facing allegations under various IPC sections. The court held that their release would not hinder investigation, considering they are willing to cooperate and unlikely to abscond.
Petitioners to be released on bail by the arrest officer on such terms and conditions as deemed just and proper.
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.7569 of 2020
… Petitioners - Versus - State of Odisha … Opp. Party
O R D E R
The petitioners in this case apprehending their arrest in Baliapal P.S. Case No.128 of 2020 corresponding to C.T. Case No.733 of 2020 pending in the court of the learned J.M.F.C., Basta for alleged commission of offences punishable under Sections 341/294/323/354/427/506/34 of I.P.C. have filed this petition for their release on pre-arrest bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Perused the allegations made in the F.I.R.
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 petitioners’ release on pre-arrest bail shall not be an hindrance to
2
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 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 petitioners in connection with the aforesaid case, they 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 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.
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
3 issues framed by the court
Whether the petitioners are entitled to release on pre-arrest bail apprehending arrest in connection with offences punishable under various Sections of the I.P.C.
Whether release on bail will cause hindrance to the free and fair investigation.
Whether the petitioners are ready and willing to cooperate with the investigation and have no chance of absconding.
1 provisions across 1 enactments
Raikishori Pradhan and Amar Pradhan
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
