Petitioner sought pre-arrest bail fearing arrest under IPC 364, 506/34 due to mistaken identity based on similar nickname. Court granted bail, directing police to ensure petitioner is identified by witnesses before arrest.
Petition allowed, disposed of with direction that police must establish involvement via witness identification before arrest.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.14002 of 2021
Kuna @ Deeptirmaya Mohanty
Petitioner
-versus-
State of Odisha
…. Opposite Party
CORAM: JUSTICE S. PUJAHARI
Order No.
ORDER 06.12.2021
Page 1 of 2
// 2 //
SKB
the case, he is being chased by the police as such he has come to this Court seeking for pre-arrest bail. Since the Petitioner stated that he is not involved in the aforesaid offence and due to similarity of his nick name with another accused stated to have been involved, he is being chased by the police and apprehending arrest, this Court dispose of this petition with an observation that before taking to the Petitioner to the custody, the police must be satisfied with regard to his involvement in the aforesaid case and for that it may also ask the witnesses to the occurrence to identify him in the police station.
Page 2 of 2
2 issues framed by the court
Whether to grant pre-arrest bail to the petitioner who apprehends arrest due to mistaken identity with another accused having a similar nickname.
Whether the police must satisfy themselves regarding the petitioner's involvement before arresting him.
1 provisions across 1 enactments
Kuna @ Deeptirmaya Mohanty
State of Odisha
S. PUJAHARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
