ABLAPL/18418/2019 of SK.JAKIR Vs STATE OF ODISHA on 24 December 2019

02. 24.12.2019

The petitioner apprehending his arrest in Balasore Sadar P.S. Case No.282 of 2019, corresponding to C.T. Case No.945 of 2019, pending in the court of the learned J.M.F.C.(R), Balasore registered for alleged commission of offences punishable under Sections 341/294/354/379/506 of the I.P.C., has filed this petition for his release on pre-arrest bail.

Heard, the learned counsel for the petitioner and 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 petitioner’s release on pre-arrest bail shall not be a hindrance to a 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 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 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.

DA

The ABLAPL is, accordingly, disposed of being allowed.

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

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S.Pujahari, J.