Back
IN THE HIGH COURT OF ORISSA AT CUTTACK
V. NARASINGH
Adarsh Agrawal – Appellant
Versus
State of Odisha – Respondent
ORDER :
V. NARASINGH, J.
1. Since all these ABLAPLs relate to the same FIR, on the consent of the parties, they are taken up together and are disposed of by this common order.
2. Heard learned counsel for the Petitioners and learned counsel for the State.
3. The Petitioners are seeking pre-arrest bail in connection with C.T Case No.1247 of 2025 pending on the file of learned S.D.J.M., Jharsuguda corresponding to Lakhanpur P.S. Case No.123 of 2025 under Sections 296/308(5)/61(2) of BNS.
4. The allegation in essence is that the present Petitioners were conjointly extorting money to cover the alleged loss suffered by one of the co-accused, namely, Nandkishor Agrawal in submitting tender for transportation of coal from MCL.
It is alleged by the prosecution that a sum of Rs.145/- per truck was being illegally collected and confirmation of such payment was reflected by a stamp “LSS” affixed on the documents of transportation and only thereafter, the trucks were allowed to enter MCL premises.
It is also alleged that unless there was such stamp in the challan, the trucks could not enter the premises of the MCL to carry out transportation of coal.
5. Referring to the statement of the Complainant,
The court emphasized that pre-arrest bail may be denied based on the severity of allegations and potential complicity, regardless of co-accused status.
A balance must be struck between the prosecution's rights and an accused's right to pre-arrest bail, requiring substantiated evidence of interference for denial.
Pre-arrest bail may be granted upon considering the balance of prosecution's investigative rights against the accused's need for protection from wrongful arrest, especially in cases of organized crim....
The court denied pre-arrest bail based on established prima facie evidence of impersonation and extortion, emphasizing the need to maintain investigative integrity and considering the petitioners' cr....
Pre-arrest bail requires strong justification; the court may refuse if the accusation is serious and requires custodial interrogation.
Pre-arrest bail denied in serious offences of abduction, assault and robbery where petitioners named by co-accused, custodial interrogation needed for ongoing investigation with recoveries pending, a....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
