ABLAPL/18236/2019 of PARBATI BARIK Vs STATE OF ODISHA on 24 December 2019

02. 24.12.2019

The petitioners apprehending their arrest in Singla P.S. Case No.193 of 2019, corresponding to C.T. Case No.747 of 2019, pending in the court of learned J.M.F.C., Basta registered for alleged commission of offences punishable under Sections 448/294/323/354-B/506/34 of the I.P.C., have filed this petition for their release on pre-arrest bail.

Heard, the learned counsel for the petitioners and the learned counsel for the State. Perused the F.I.R. allegations.

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, punishment provided on conviction of the major offence alleged and also it being not disputed that the petitioners’ release on pre-arrest bail shall not be a hindrance to a free and fair investigation, this Court is of the view that the petitioners have made out a case for their release on pre-arrest bail, more particularly when they are ready and willing to cooperate with the investigation and they have no chance of abscondance 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 petitioners in connection with the aforesaid case, they 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 petitioners shall cooperate with the investigation and no other graver offence is reported against the petitioners besides the aforesaid offences.

DA

The ABLAPL is, accordingly, disposed of being allowed.

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

……………………..S.Pujahari, J.