Badani Gochhayat v. State of Orissa

ABLAPL No. 10298 of 2015

15.09.2015 Heard learned counsel for the petitioner and learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offences under Sect
ions 498-A, 342, 328 and 307/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act
 in G.R. Case No.747 of 2015 of the court of S.D.J.M., Dhenkanal, arising out of Dhenkanal Sad
ar P.S. Case No. 265 of 2015.

 Keeping in view the fact that offence under Section 307 of the I.P.C. is well made out
against the petitioner, I am not inclined to grant anticipatory bail to the petitioner. Accor
dingly, the application for anticipatory bail is rejected. However, the petitioner is given li
berty to surrender before the learned S.D.J.M., Dhenkanal in the aforesaid case in first hour
within a period of twenty-one days hence and file an application for bail. On such event, the
learned S.D.J.M., Dhenkanal shall consider his application for bail in the first hour. In case
 of rejection of the bail application, the petitioner may move for bail before the higher foru
m in the second hour. On such event, the higher forum shall consider and dispose of the bail a
pplication of the petitioner on the same day.

 Case Diary be made available to the concerned court. Records be transmitted by the lear
ned S.D.J.M., Dhenkanal to the higher forum at the cost of the petitioner, if applied for.
 It is made clear that this Court has not expressed any opinion on the merits of the cas
e as far as any future application under Section 439, Cr.P.C. is concerned.
 The ABLAPL is accordingly disposed of.

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