In an ABLAPL regarding pre-arrest bail, the Court rejected the petitioner's petition for release, citing the gravity of the charge under Section 395 IPC and the incriminating evidence, despite a co-accused having been granted bail.
Pre-arrest bail application rejected; petitioner not entitled to release.
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IN THE HIGH COURT OF ORISSA, CUTTACK
ABLAPL No.1617 of 2021
Mangu Gamanga … 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 Pattapur P.S. Case No.313 of 2020 corresponding to G.R. Case No.300 of 2020 pending in the court of J.M.F.C-cum-Gramya Nyayalaya, Pattapur for alleged commission of offence punishable under Section 395 IPC has filed this petition for his release on pre-arrest bail.
As it appears the petitioner has been indicted in the aforesaid case on the confession of the co-accused.
Learned counsel for the petitioner submits that the co-accused having been released on pre-arrest bail, the petitioner deserves to be released on pre-arrest bail, which is vehemently opposed by the learned counsel for the State.
On consideration of the facts and the submissions made, especially the nature of accusation, gravity of the
2
offence and character of incriminating materials appearing against the petitioner in a case under Section 395 IPC, this Court is of the view that the petitioner does not deserve to be released on pre-arrest bail.
Accordingly, the ABLAPL stands rejected.
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
2 issues framed by the court
Whether the petitioner, accused of attempted robbery under Section 395 IPC, is entitled to pre-arrest bail.
Whether the risk of flight and gravity of the offence justify rejection of bail in this case.
1 provisions across 1 enactments
Mangu Gamanga
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
