Allowed

Jitu Kumbhar v. State of Odisha

Orissa HC9 Dec 2021ABLAPL/10678/2021

Case brief

AI extract

What is this about?

This court granted pre-arrest bail to the petitioners facing allegations of assault under Sections 341, 323, 294, 506, 324/34 IPC. The court held that despite the absence of an injury report, the petitioners demonstrated grounds for release as no antecedents, absconding, or tampering with evidence were shown.

What did the court decide?

Petitioners to be released on bail by the arresting officer on terms deemed just and proper.

Jitu Kumbhar Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No.10678 of 2021

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Jitu Kumbhar & Another

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Petitioners

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-versus-

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State of Odisha

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…. Opposite Party

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CORAM: JUSTICE S. PUJAHARI

Order No.

ORDER 09.12.2021

This matter is taken up through Hybrid mode.

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Learned counsel for the State submits that though Case Diary has been received but injury report has not been received, he seeks an adjournment but I am not inclined to do so, inasmuch as in spite of the opportunity given, the Investigating Officer has unable to collect the same form the Medical Officer and seeking time on the ground in this ABLAPL Petition.

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

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The Petitioners apprehending their arrest in Bargarh Town P.S. Case No.334 of 2021 registered for alleged commission of offence punishable under Sections 341, 323, 294, 506, 324 / 34 of I.P.C., have filed this petition for their release on pre-arrest bail.

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Page 1 of 3

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// 2 //

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The Prosecution allegation reveals that the incident relates to road rage, the petitioner stated to have brutally assaulted the informant injured and on account of the assault made by the Petitioner, the injured stated to have sustained severe injury and shifted to VSS Medical College, wherein he remained under treatment for about fourteen days and already discharged from the Hospital. The injury report as stated has not been produced by the Investigating Officer. Nothing has been produced by the State counsel to show that the petitioner having any criminal antecedent. No material has also been produced to show that they shall abscond and or tamper with the investigation, if released on pre-arrest bail.

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On consideration of the aforesaid facts and submissions made, especially the nature and character of allegations, circumstances in which the offences stated to have been committed and it being not disputed that the Petitioners’ release on pre-arrest bail shall not be an hindrance to a 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.

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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.

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Page 2 of 3

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// 3 //

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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 beside the aforesaid offences.

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The ABLAPL is, accordingly, disposed of being allowed.

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

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(S. Pujahari) Judge

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SKB

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Page 3 of 3

Jitu Kumbhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

Jitu Kumbhar v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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