The High Court granted anticipatory bail to the petitioner, who feared arrest under Sections 457 and 380 of the IPC. The court observed that the petitioner was implicated solely by a co-accused\'s Section 27 statement, which is not evidence against him.
Anticipatory bail application allowed; petitioner shall be released on bail if arrested.
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ABLAPL NO.8347 OF 2015
06.8.2015. Heard learned counsel for the petitioner and learned Addl. Government Advocate for
the State.
2. The petitioner is apprehending arrest for the alleged commission of offence under Sec
tions 457/380 of the I.P.C. in G.R. Case No.276/2015 of the court of learned J.M.F.C.(R), Cutt
ack arising out of Choudwar P.S. Case No.53/2015.
3. No criminal antecedent is reported against the present petitioner. He is only implicated
by the confessional statement of the co-accused, namely Jambeswar Sahu, which is recorded un
der Section 27 of the evidence Act. This Court is of the opinion that as far as discovery st
atement under Section 27 of the evidence Act is concerned, it cannot be as a evidence against
the co-accused.
4. Keeping in view the aforesaid consideration, nature of the allegations made and the fac
ts of the case, this Court is inclined to grant anticipatory bail to the petitioner. According
ly, the anticipatory bail application of the petitioner is allowed. On the event of his arrest
, he shall be released on bail by the arresting officer on such terms and conditions as deemed
just and proper by him in the aforesaid case.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K.Mishra, J
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest for offences under Sections 457/380 of the I.P.C.
The Petitioner
The State
S. K. Mishra
As recorded by the court registry
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