In ABLAPL No. 11299 of 2015, the Court granted anticipatory bail to the petitioner apprehending arrest in a riot and bail-related case. Directions were issued for surrender within 21 days and for immediate bail in case of interim arrest.
Impugned application for anticipatory bail allowed. Liberty to surrender within 21 days granted.
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ABLAPL No. 11299 of 2015
07.09.2015 Heard learned counsel for the petitioner and the learned Addl. Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offence under Sect
ions 147, 341, 323, 395, 506 and 294/149 of the I.P.C. in C.T. Case No. 514 of 2014 of the c
ourt of S.D.J.M., Boudh, arising out of Boudh P.S. Case No. 246 of 2014.
Learned counsel for the petitioner submits that there is no criminal antecedent agains
t the present petitioner. It is also seen from the records that the co-accused persons have be
en granted anticipatory bail by virtue of the order of this Court dated 03.03.2015 passed in A
BLAPL No. 23 of 2015. Further, it is seen that the informant and others went to the village of
the petitioner to restrain him from selling cow to the Muslim Traders. As a result of which,
the occurrence took place. An offence under Section 395 of the I.P.C. is not made out against
the present petitioners.
Keeping in view the aforesaid consideration, facts of the case and the fact that the pe
titioner is a permanent resident of village-Karadi and P.S. and Dist. Boudh, the application f
or anticipatory bail is allowed. In the meantime charge-sheet has been submitted.
It is directed that the petitioner is given liberty to surrender before the learned S
.D.J.M., Boudh within 21 days in connection with the aforesaid case and apply for bail. In suc
h event, the learned Magistrate shall release him on bail on such terms and conditions as deem
ed just and proper by him.
It is further directed that on the event the petitioner is arrested in the meantime, t
he Arresting Officer shall produce him before the learned S.D.J.M., Boudh within 24 hours and
the learned Magistrate shall grant him bail as directed above.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
2
1 issue framed by the court
Whether the petitioner is eligible for anticipatory bail concerning offences under Sections 147, 341, 323, 395, 506 and 294/149 of the I.P.C.
1 provisions across 1 enactments
Petitioner
Addl. Government Advocate
As recorded by the court registry
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