Allowed

Kala Khan @ Kalokhan @ Umran Khan v. State of Odisha

Orissa HC17 Mar 2021ABLAPL/805/2021

Case brief

AI extract

What is this about?

This bail application was filed by the petitioner apprehending arrest in a case registered under various IPC sections, including 307. The court found no material to indicate risk of absconding or tampering with evidence, considering the state's submission that the petitioner did not cause injuries. Consequently, the court granted pre-arrest bail.

What did the court decide?

The petitioner is to be released on bail by the Officer effecting arrest on terms and conditions as deemed just, subject to cooperation with investigation.

Kala Khan @ Kalokhan @ Umran Khan Vs State of Odisha — Bail and Remand | Orissa HC (2021)

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ABLAPL No.805 of 2021

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17.03.2021 The petitioner in this case apprehending his arrest in Kendrapara Sadar P.S. Case No.3 of 2021 corresponding to G.R. Case No.6 of 2021 on the file of learned S.D.J.M., Kendrapara, registered for alleged commission of offences punishable under Sections 294/324/341/307/506/34 of the I.P.C., has filed this petition for his release on pre-arrest bail.

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Heard learned counsel for the petitioner and learned counsel for the State.

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As submitted by the learned State Counsel the petitioner has not played any role in causing the injuries sustained by the injured but, his son stated to have caused the injuries. Investigation in this case has substantially progressed. Nothing is there on record indicating the fact that the petitioner shall abscond and/or tamper with the prosecution evidence, if released on pre-arrest bail.

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Considering the aforesaid facts and submissions made, especially the nature of accusation including the accusation under Section 307 of I.P.C., 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

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investigation, this Court is of the view that the petitioner has made out a case for his release on prearrest 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.

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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.

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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.

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The ABLAPL is, accordingly, disposed of being allowed.

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Urgent certified copy of this order be granted on proper application.

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………………….. S.Pujahari, J.

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RKS

Kala Khan @ Kalokhan @ Umran Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kala Khan @ Kalokhan @ Umran Khan v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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