Appeal against the rejection of anticipatory bail in Section 365 IPC case. Held: Bail allowed considering petitioner not named in FIR and no overt acts attributed; future arrest subject to conditions.
Anticipatory bail allowed; petitioner to be released on bail by arresting officer if arrested, subject to conditions deemed just.
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ABLAPL No.8765 of 2015
17.08.2015 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 365 of the IPC in G.R. Case No.395/2015 of the court of learned JMFC, Umerkote, ar
ising out of Chandahandi P.S. Case No.57/2015.
The petitioner has not been named in the FIR. The informant states that her hu
sband was taken away by Lakidhar Nayak to another place for the purpose of work. Though Lakidh
ar Nayak has returned, the husband of the informant has not returned from the place of work. T
he present petitioner happens to be father-in-law of the main accused. No overt act has been a
ttributed against the present petitioner.
Keeping in view the nature of allegations and the facts of the case, anticipat
ory bail application is allowed. In the event of his arrest in the aforesaid case, the petitio
ner 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.In the interim,Misc. Caseit No.8721is directedof 2011that the petitioner no.2 shall not be disengaged only on the basis of attaining the age of 60 till the next date. Urgent certified copy of this order be granted as per rules.S.K. Mishra, J.2
1 issue framed by the court
Whether anticipatory bail should be granted given that the petitioner is not named in the FIR and no overt act is attributed against him.
1 provisions across 1 enactments
Petitioner
Lakidhar Nayak
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court