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Pre-arrest bail granted under section 438 C.r.P.C with conditions imposed by the court – Manipur high court

Application for approval of a pre-arrest bail was granted by a single bench of HON’BLE MR. JUSTICE AHANTHEM BIMOL SINGH in the case of Oinam Rajendro Singh VERSUS office in charge

The learned counsel for the petitioner states from the bail objection report that the grievous hurt suffered by the victim has been caused by the accused person when the petitioner punched the victim on her face and that such grievous injuries were not caused by any other means or instrument as laid down in section 326 of the IPC and further submits that even accepting the aforesaid report as well as the statement made by the victim in its entirety, no offense is made out for committing the offense under Section 326 and Section 354-B by the petitioner and the offense under section 325 IPC may be attracted, which is a bailable offense and it can be understood that serious charges have been made against the petitioner without any basis and that the petitioner is entitled to grant pre-arrest bail because of the facts and circumstances of the present case.

The learned public prosecutor submits that no prima facie case seems to be made out of the petitioner committing the offenses under section 326 and 354-B of the IPC however throughout the period from the date of the original report till today the petitioner has not been cooperating with the investigation at any point of time and he has been evading arrest by the police.

After hearing from the learned counsel the court came to the view that the petitioner is entitled to grant of pre-arrest bail in the facts and circumstances of the present case and the bail is granted.

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Judgment reviewed by Naveen Sharma