On a petition for pre-arrest bail in a case involving offences under Section 394 IPC, the court dismissed the application due to the gravity of the accusation, incriminating materials, and the nature of the alleged offence.
The prayer for pre-arrest bail of the petitioners stands rejected and the ABLAPL is dismissed.
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 AT CUTTACK
ABLAPL No.2959 of 2021
CORAM: HON’BLE SHRI JUSTICE S.PUJAHARI
O R D E R
The petitioners in this case apprehending their arrest in Sadar P.S. Case No.231 of 2020 corresponding to G.R. Case No.3735 of 2020, pending in the court of S.D.J.M., Sambalpur, registered for alleged commission of offences punishable under Section 394 of I.P.C., have filed this petition for their release on pre-arrest bail.
Heard learned counsel for the petitioners and learned counsel for the State.
Regard being had to the facts and submissions made, especially the gravity of accusation, character of incriminating materials, circumstances in which the offence alleged to have been committed and also there being nothing on record to show that the allegation has been made against the petitioners being actuated with malafide,
2
this Court is not inclined to release the petitioners on pre-arrest bail.
Accordingly, the prayer for pre-arrest bail of the petitioners stands rejected and the ABLAPL stands disposed of being dismissed.
However, it is open for the petitioners to surrender and move for bail before the court below, if they 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.
RKS
2 issues framed by the court
Whether the petitioners are entitled to pre-arrest bail given the gravity of the accusation and incriminating materials.
Whether the petitioners should be released on bail under the circumstances of the alleged offence.
1 provisions across 1 enactments
Makhnu @ Choudhury Padil
Ainthu @ Indramani Suna
State of Odisha
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
