The High Court of Orissa disposed of a bail petition filed by the petitioner apprehending arrest in a criminal case. The Court held that the injury sustained was simple and the petitioner cooperated with the investigation, thus granting bail.
Petitioner directed to be released on bail on such terms as the arrest officer deems just.
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.
IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.15826 of 2020
Shibu Das … Petitioner
-versus –
State of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up through video conferencing
mode.
Heard learned counsel for the petitioner and learned counsel for the State.
The petitioner apprehending his arrest in Marine P.S. Case No.138 of 2020 corresponding to G.R. Case No.1613 of 2020 pending in the court of S.D.J.M, Kendrapara for alleged commission of offences punishable under Section 341/294/324/506/307 IPC has filed this petition for his release on pre-arrest bail.
Learned counsel for the State submits that the injury sustained by the injured is simple in nature.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations including the injury sustained by the injured, 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 a hindrance to the free and fair investigation, this Court is of the view that
2
the petitioner has made out 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.
The ABLAPL is, accordingly, disposed of being allowed.
As the restrictions due to the COVID-19 situation are continuing, learned counsel for the parties may utilize a soft copy of this order available in the High Court’s website or print out thereof at par with certified copy in the manner prescribed, vide Court’s Notice No.4587, dated 25th March, 2020.
PKS
1 issue framed by the court
Whether the petitioner is eligible for release on pre-arrest bail without hindering the investigation.
Shibu Das
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
