Interim bail application allowable based on nature of allegations and non-interference with investigation.
Directing that in the event of arrest, the petitioner be released on bail.
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ABLAPL No.700 of 2021
The petitioner in this case apprehending his arrest in Balichandrapur P.S. Case No.13 of 2021 corresponding to C.T. Case No.81 of 2020 on the file of learned J.M.F.C., Chandikhole, registered for alleged commission of offences punishable under Sections 379/420/120-B of the I.P.C. read with Section 7 of E.C. Act, has filed this petition for his release on pre-arrest bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Perused the case diary as well as the chemical examination report.
On consideration of the facts and 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 absconding and/or tampering with the prosecution evidence, if released on pre-arrest bail.
2
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.
However, the aforesaid order is subject to the condition that the petitioner shall cooperate with the investigation and no other graver offence is reported against the petitioner besides the aforesaid offences.
The ABLAPL is, accordingly, disposed of being allowed.
Urgent certified copy of this order be granted on proper application.
………………….. S.Pujahari, J.
RKS
2 issues framed by the court
Whether the petitioner makes out a case for release on pre-arrest bail.
Whether the petitioner is a fit and proper person to be granted pre-arrest bail.
2 provisions across 2 enactments
The petitioner
The State
Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
