Court refused anticipatory bail due to nature of allegations under IPC and SC & ST (PA) Act. Granted liberty to surrender within 21 days to seek bail, with instructions for rapid hearing by lower and higher courts if rejected.
Liberty to surrender within 21 days to seek regular bail; if rejected, higher forum to consider application on the same day.
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ABLAPL No.9078 of 2015
20.08.2015 Heard learned counsel for the petitioner and learned Additional Standing C
ounsel for the State.
The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 417, 493, 354, 323, 365 and 506/34 of the IPC read with Sections 3(1)(xi) / (2)(v
) of the SC & ST (PA) Act in G.R. Case No.188 of 2015 of the court of learned S.D.J.M., Athama
llik, arising out of Thakurgarh P.S. Case No.45 of 2015.
Keeping in view the nature of allegations and the facts of the case, this Cour
t is not inclined to grant anticipatory bail to the petitioner. However, keeping in view the s
ubmissions made, the bail application is disposed of giving liberty to the petitioner to surre
nder in the aforesaid case before the learned S.D.J.M., Athamallik in the first hour within 21
days hence and file an application for bail. On such event, the learned Magistrate shall cons
ider his application for bail in the first hour. In case of rejection of the bail application,
the petitioner may move for bail before the higher forum in the second hour. On such event, t
he higher forum shall consider and dispose of the bail application of the petitioner on the sa
me day. Case Diary be made available to the concerned courts. Records be transmitted to the hi
gher forum at the cost of the petitioner, if applied for. It is made clear that this Court has
not expressed any opinion on the merits of the case, so far as any future application under S
ection 439 of Cr.P.C is concerned.
Urgent certified copy of this order be granted as per rules.
2
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner apprehending arrest in a case under IPC and SC & ST (PA) Act.
3 provisions across 3 enactments
Petitioner
State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court