The High Court granted anticipatory bail to the petitioner apprehending arrest in a case under Section 394 and 34 IPC. The Court considered that no criminal antecedent existed and the petitioner's residence was known.
Anticipatory bail allowed; petitioner to be released on bail by arresting officer under conditions.
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ABLAPL No.11209 of 2015
11.09.2015 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 394/34 of the IPC in C.T. Case No.3185/2015 of the court of learned SDJM, Bhubanes
war, arising out of Lingaraj P.S. Case No.138(5)/2015.
The learned counsel for the petitioner draws attention of the Court to the or
der dated 17.07.2015 passed in B.A. No.968/2015 by the learned Sessions Judge, Khurda at Bhuba
neswar. At para-3 of the said order, the learned Sessions Judge has observed that an affidavit
has been filed by the informant, who was present in the court and stated before the court tha
t there was no such incident but everything was exaggerated at the instance of the police. Hen
ce, the accused was granted regular bail.
Considering the aforesaid facts, this Court is of the opinion that anticipator
y bail should be granted to the present petitioner. The learned Addl. Standing Counsel also su
bmits that there is no criminal antecedent against the petitioner. The petitioner is a permane
nt resident of Kapileswar Patra Sahi, P.S. Shree Lingaraj, Dist. Khurda. Hence, there is no ch
ance of his absconding from justice. Accordingly, the ABLAPL is allowed. In the event of his a
rrest in the aforesaid case, the petitioner shall be released on bail by the arresting officer
on such terms and conditions as deemed just and proper by him.
. The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner who is apprehending arrest in a criminal case involving Section 394/34 IPC.
1 provisions across 1 enactments
Petitioner
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court