The Court rejected the petitioner's prayer for pre-arrest bail. Counsel for the State submitted no case was registered, and the apprehension of arrest was imaginary, not real and substantial.
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.15839 of 2020
Swarup Routray … Petitioner
-versus –
State of Odisha
… Opp. Party
CORAM : HON’BLE SHRI JUSTICE S. PUJAHARI
ORDER
This matter is taken up by video conferencing mode. On instruction, learned counsel for the State submits that no case has been registered against the petitioner.
Since there is no real and substantial apprehension and it is imaginary one, the prayer for pre-arrest bail of the petitioner is rejected.
Accordingly, the ABLAPL stands dismissed.
However, liberty is given to the petitioner to approach the Court when there is real and substantial apprehension of arrest, if so advised.
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 prayer for pre-arrest bail should be allowed given the absence of case registration and real apprehension of arrest.
Swarup Routray
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
