Dismissed

Hrusikesh Malla v. State of Orissa

Orissa HC4 Nov 2016ABLAPL/10258/2016

Case brief

AI extract

What is this about?

The High Court rejected the petitioner's application for anticipatory bail (ABLAPL 10258 of 2016) arguing that the nature of allegations, including trespass, assault, and outrage of modesty, along with the maximum punishment prescribed, demonstrated a greater interest of the State and society than granting bail.

What did the court decide?

Application for anticipatory bail rejected; interim bail order vacated.

Hrusikesh Malla Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

ABLAPL NO.10258 OF 2016

¶2

04.11.2016 Heard learned counsel for the petitioner, learned counsel for the informant and learned
Addl. Government Advocate for the State.

¶3

2. Petitioner is apprehending arrest for the alleged commission of offence under Sections 457/
392/334/324/326/506/376/511/34 of the I.P.C. in G.R. Case No.451/2016 of the court of learned
J.M.F.C., Salipur arising out of Mahanga P.S. Case No.116/2016.

¶4

3. Though the petitioner has not himself assaulted any of the injured, a case under Section
 307/34 of the I.P.C. is well made out against him as he is a person who accompanied the other
 accused, namely, Sarat Kumar Satpathy and trespassed into the house of the informant. Ther
eafter, they outraged the modesty of the informant and when she protested, the said Sarat Kuma
r Satpathy assaulted the husband and father-in-law of the informant causing grievous injuries.
 So this Court is of the view that offence under Section 307/34 of the I.P.C. is well made ou
t against the present petitioner.

¶5

4. Keeping in view the aforesaid consideration, nature of the allegations made, the maximum
punishment prescribed for the offence and the greater and larger interest of the State and soc
iety, this Court is not inclined to grant anticipatory bail to the present petitioner.

¶6

5. Accordingly, the ABLAPL is rejected.

¶7

 Interim order passed earlier stands vacated.

¶8

 S.K.Mishra, J

Hrusikesh Malla v. State of Orissa

Case brief

What is this about?

What did the court decide?

Hrusikesh Malla v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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