ABLAPL No.12870 of 2016

04.10.2016

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

The petitioners in this case having been implicated in Dasapalla P.S. Case No.60 of 201

6 corresponding to G.R. Case No.85 of 2016, pending in court of the learned J.M.F.C., Dasapall

a for alleged commission of offence punishable under Sections 341/294/323/506/307/34 of I.P.C.

, have filed this petition for their release on pre-arrest bail.

Regard being had to the facts and submissions, especially the nature of accusation agai

nst the petitioner no.2, namely, Banita Behera, circumstances in which the offences alleged to

have been committed by her and hardly any material being there to suggest that she shall absc

ond or tamper with the prosecution evidence, if allowed to go on pre-arrest bail, I am of the

view that this is a fit case to enlarge her on pre-arrest bail. But, so far as the prayer for

pre-arrest bail of the petitioner nos.1 and 3, namely, Mohan Behera and Binaya Behera is conc

erned, they do not deserve to be released on pre-arrest bail considering the nature and charac

ter of evidence appearing against them and, as such, their prayer for pre-arrest bail stands r

ejected.

Hence, this Court directs that in the event of arrest of the petitioner no.2, namely, B

anita Behera in connection with the aforesaid case, she be released on bail by the arresting o

fficer on such terms and conditions as he may deem just and proper including the condition tha

t she shall cooperate with the investigation.

Interim order dated 22.08.2016 passed by this Court in respect of the petitioner nos.1

and 3, namely, Mohan Behera and Binaya Behera stands vacated.

Accordingly, the ABLAPL is disposed of.

Issue urgent certified copy as per rules.

S.Pujahari, J.

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