This order grants anticipatory bail to the applicant, who faced arrest in a non-cognizable offence allegedly arising from a civil dispute over a transfer inter-vivos. The court held the allegations did not prima facie constitute a crime.
Anticipatory bail allowed; petitioner to be released on bail by the arresting officer if arrested on terms deemed just.
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ABLAPL No.1464 of 2015
17.08.2015 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel. I have also heard the informant-counsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 420, 468, 471 and 506/34 of the IPC in G.R. Case No.46/2015 of the court of learn
ed JMFC (R), Cuttack, arising out of Cuttack Sadar P.S. Case No.10/2015.
The nature of allegations revealed against the present petitioner appears to b
e civil in nature. The allegation of the informant is that the petitioner is not paying a part
of the consideration, which he supposed to pay in a transfer inter-vivos.
Keeping in view the aforesaid consideration, prima facie an offence under Sect
ions 420, 468, 471 and 506/34 of the IPC is not made out against the petitioner. Hence, the an
ticipatory bail application is allowed. In the event of his arrest 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.
1 issue framed by the court
Whether an anticipatory bail application should be allowed in possession of allegations of civil nature involving non-payment of consideration in a transfer inter-vivos.
1 provisions across 1 enactments
The Petitioner
The Informant
S.K. Mishra
As recorded by the court registry
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