Single Judge allowed an Anticipatory Bail application. The Court held that excess custody and strict bail terms were unnecessary. The applicant was directed to be released if arrested.
The petitioner shall be released on bail if arrested on such terms and conditions as deemed just and proper by the arresting officer.
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ABLAPL No.10058 of 2016
08.12.2016 Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
The petitioner is apprehending arrest for the alleged commission of of
fence under Sections 498-A, 494, 323, 394, 391, 506/34 of the IPC read with Section 4 of the D
.P. Act in C.T. Case No.2694/2015 of the court of learned SDJM, Balasore, arising out of Sing
la P.S. Case No.130/2015.
No offence under Section 394 IPC is made out against the petitioner. N
o offence is specified under Section 391 IPC. The Investigating Officer on an erroneous belief
has registered the FIR under Section 391 IPC. None of the other offences, except the offence
under Section 494 IPC, are punishable with a term of imprisonment exceeding seven years. Moreo
ver, the offence under Sections under Sections 494 and 323 IPC are bailable in nature. The pet
itioner is a permanent resident of East Nampo, P.S. Jaleswar, Dist. Balasore, which precludes
any chance of his absconding from justice. There is no allegation on behalf of the prosecutio
n that the petitioner shall tamper with the prosecution evidence if released on bail.
Keeping in view the aforesaid consideration, the ABLAPL is allowed. I
n the event of their arrest in the aforesaid case, the petitioners shall be released on bail b
y the arresting officer on such terms and conditions as deemed just and proper by him.
The ABLAPL is disposed of.Urgent certified copy of this order be granted on proper application.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.3
2 issues framed by the court
Whether bail is a matter of right for the petitioner in the instant case.
Whether the petitioner would abscond if released on bail.
2 provisions across 2 enactments
Petitioner
No.2 Petitioner
S.K. Mishra
As recorded by the court registry
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