Allowed

Kamalendu Bikash Dash Sharma v. State of Orissa

Orissa HC5 Aug 2015ABLAPL/2348/2015

Case brief

AI extract

What is this about?

This order granted anticipatory bail to the petitioner, a permanent resident of Village-Gud, in C.T. Case No.37 of 2015. The court held that real culprits were others rather than the petitioner and that there was no chance of absconding.

What did the court decide?

Application for anticipatory bail allowed; petitioner to be released on bail if arrested on terms deemed just by Arresting Officer.

Kamalendu Bikash Dash Sharma Vs State of Orissa — Cheque Dishonour | Orissa HC (2015)

¶1

ABLAPL No. 2348 of 2015

¶2

05.08.2015 Heard learned counsel for the petitioner and the learned Addl. Government Advocate.
 The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 341, 294, 324, 376-A, 511, 379 and 506/34 of the I.P.C. in C.T. Case No.37 of 2015 of t
he court of J.M.F.C., Soro, arising out of Soro P.S. Case No.20 of 2015.

¶3

 It is apparent from the F.I.R. and the statement of the victim girl recorded under Sec
tion 161 Cr.P.C. that the real culprits are Bapun, Pradeep and Pinku. It is alleged by the vic
tim girl that they are residing in the house let out by the present petitioner Kamalendu Bikas
h Dash Sharma. The only allegation against the present petitioner is that later on he came and
 threatened the informant that if she files a case against them, then she will be raped. Hence
, no offences under Sections 341, 376/511 and 324 of the I.P.C. are made out against the prese
nt petitioner. Sections 341 of the I.P.C. is bailable in nature. Section 506 of the I.P.C. is
punishable with maximum imprisonment of seven years.

¶4

 Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioner is a permanent resident of Village-Gud, P.S. Soro of Balasore district and there is
no chance of absconding from the rigor of law, application for anticipatory bail of the petiti
oner is allowed. It is directed that on the event of arrest, the petitioner shall be released
on bail on such terms and conditions as deemed just and proper by the Arresting Officer.
 The ABLAPL is accordingly disposed of.

¶5

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

¶6

Kamalendu Bikash Dash Sharma v. State of Orissa

Case brief

What is this about?

What did the court decide?

Kamalendu Bikash Dash Sharma v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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