Allowed

Bhabani Mallia v. State of Orissa

Orissa HC9 Sept 2015ABLAPL/6661/2015

Case brief

AI extract

What is this about?

The Court granted anticipatory bail to a pregnant petitioner facing charges under IGPC and IT Act 2008 sections. Noting her statement is recorded and no custodial interrogation is needed, the Court allowed the application. It directed release on bail upon arrest if she is taken into custody.

What did the court decide?

Application for anticipatory bail is allowed; petitioner directed to be released on bail upon arrest on terms and conditions deemed just and proper.

Bhabani Mallia Vs State of Orissa — Anticipatory Bail | Orissa HC (2015)

¶1

ABLAPL No. 6661 of 2015

¶2

09.09.2015 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 292, 465, 469 and 500 of the I.P.C. and Section 66-A, 66-C, 67, 67-A of I.T.(Amendment) A
ct, 2008 in C.T. Case No.1237 of 2014 of the court of S.D.J.M., Bhubaneswar, arising out of Cu
ttack CID CB cyber Crime P.S. Case No. 06 dated 31.03.2014.

¶3

 It is apparent from the records that the present petitioner is in advance stage of pre
gnancy and in the meantime her statement has already been recorded by the Investigating Office
r.

¶4

 Keeping in view the submission made by the learned Addl. Government Advocate as assist
ed by the Investigating Officer, this Court is of the opinion that no further custodial interr
ogation of the petitioner is necessary. It is further noted that Section 66-A of the I.T. Act
has since been declared as ultra vires by the Constitution.

¶5

 Keeping in view the aforesaid consideration and punishment prescribed for each of the
alleged offences, the fact that the petitioner is working with an N.G.O. and is a permanent re
sident of Old Town, Bhubaneswar, P.S. Lingaraj, Dist. Khurda and there is no chance of her abs
conding from justice, the application for anticipatory bail 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.

¶6

 Accordingly, the ABLAPL is disposed of

¶7

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

¶8

 S.K.Mishra, J.

¶9

Bhabani Mallia v. State of Orissa

Case brief

What is this about?

What did the court decide?

Bhabani Mallia v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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