The High Court granted pre-arrest bail to the petitioner in a case under Sections 379/34 IPC, finding no risk of absconding or tampering with evidence and ensuring that bail would not hinder investigation.
Petitioner to be released on pre-arrest bail upon arrest in connection with the aforesaid case subject to terms of cooperation.
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CORAM : Hon’ble Shri Justice S. Pujahari
ABLAPL No.716 of 2021
Ananda Pradhan … Petitioner - Versus –
State of Orissa … Opp. Party
ORDER
The petitioner apprehending his arrest in Kuliana P.S. Case No.152 of 2020 corresponding to C.T. Case No.1972 of 2020 pending in the court of J.M.F.C., Baripada registered for alleged commission of offences punishable under Sections 379/34 IPC read with Section 51 of the OMMC Rules, 2016 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 prearrest 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
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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.
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 the order be granted on proper application.
……………………..
PKS
S.Pujahari, J.
1 issue framed by the court
Whether the petitioner is entitled to pre-arrest bail under Sections 379/34 IPC.
Ananda Pradhan
State of Orissa
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
