A single judge of the High Court of Odisha allowed a petition for pre-arrest bail. The court held that the petitioner made out a case for release as his bail would not hinder the fair investigation, absconding, or tampering with evidence.
The petitioner's petition for pre-arrest bail is allowed; he be released on bail by the arrest officer on just terms.
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.3950 of 2021
Shibasis Ray … 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 Malgodown P.S. Case No.60 of 2021 corresponding to G.R. Case No.403 of 2021 pending in the court of J.M.F.C. (City), Cuttack for alleged commission of offences punishable under Sections 294/341/323/427/336/34 IPC and Section 25 of the Arms Act has filed this petition for his release on pre-arrest bail.
On consideration of the allegations made in the F.I.R. and also the submissions made, especially the nature and character of allegations, 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 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
2
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 including the condition that the petitioner shall not indulge in such activities hereinafter and in the event it is reported, the bail granted shall be cancelled.
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
2 issues framed by the court
Whether the petitioner is entitled to pre-arrest bail for the alleged offences.
Whether pre-arrest bail will hinder the investigation.
2 provisions across 2 enactments
Shibasis Ray
State of Odisha
S. PUJARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
