In an anticipatory bail application under Section 438 CrPC, the Court rejected the plea due to the petitioner's criminal antecedents, prior history of bail rejection in similar matters, and existence of other pending criminal cases.
Application for anticipatory bail rejected.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL NO.11101 OF 2016
03.12.2016 I have already heard learned counsel for the petitioner and learned Addl. Governmen
t Advocate for the State.
2. The petitioner is apprehending arrest for the alleged commission of offences under Section
s 465/469/501/506/34 of the I.P.C. and Section 66-C of the I.T. Act in C.T. Case No.2899/2016
of the court of learned S.D.J.M., Bhubaneswar arising out of Badagad P.S. Case No.171/2016.
3. This case has been lodged on the report of the daughter-in-law of the present petition
er. It is apparent from the record that previously a case was instituted against the petition
er for the alleged commission of offence under Section 498-A of the I.P.C. and other offences.
An anticipatory bail application arising out of such Police Case has been rejected by this C
ourt on earlier occasion. It is also apparent from the record that there are other criminal c
ases pending against the present petitioner, which does not involve the informant.
4. Keeping in view the criminal antecedents of the present petitioner, this Court is of the
opinion that the discretion of granting anticipatory bail should not be exercised in this case
. Hence, the application for anticipatory bail of the petitioner is rejected.
Urgent certified copy of this order be granted on proper application.
3 issues framed by the court
Whether anticipatory bail should be granted to the petitioner given his criminal antecedents.
Whether the apprehension of arrest under IPC and IT Act justifies the grant of anticipatory bail.
Whether the history of a rejected anticipatory bail application and other pending cases precludes relief.
3 provisions across 2 enactments
Petitioner
State
Single Judge
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court