Single judge bail application where petitioner sought release in Section 302/34 IPC case. Court rejected bail due to heinous nature of offence, ongoing investigation, and need for custodial interrogation, dismissing the petition.
Prayer for pre-arrest bail rejected and bail application dismissed.
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IN THE HIGH COURT OF ORISSA : CUTTACK
ABLAPL No.16 of 2021
Bapi Sarkar … Petitioner -VersusState of Odisha … Opp. Party
CORAM : HON’BLE SHRI JUSTICE S.PUJAHARI
ORDER
04. 23.04.2021
This matter is taken up by video conferencing mode.
The Petitioner apprehending his arrest in Jamboo Marine
P.S. Case No.82 of 2020, corresponding to G.R. Case No.992 of 2020, pending in the court of S.D.J.M., Kendrapara registered for alleged commission of offence punishable under Section 302/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.
Heard the learned counsel for the Petitioner and the learned counsel for the State.
As it appears from the submissions of the learned counsel for the State that the Petitioner is one of the accused to have been involved in the offence alleged. The offence alleged is heinous and serious in nature. The investigation of the case is in progress. Custodial interrogation of the Petitioner is required for collection of further evidence in this case.
Therefore, regard being had to the aforesaid facts and submissions made, especially the nature and gravity of accusation, character of incriminating materials appearing against the Petitioner, circumstances in which the Petitioner stated to have been indicted in this case, this Court is not inclined to release the Petitioner on prearrest bail.
2
Accordingly, the prayer for pre-arrest bail of the Petitioner stands rejected and the ABLAPL is disposed of being dismissed. 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.
…………………..
S.Pujahari, J.
DA
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail in a case involving Section 302/34 IPC.
Whether the gravity of the allegations and need for custodial interrogation preclude bail.
Bapi Sarkar
State of Odisha
S.Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
