The Single Judge granted an application under Section 438 Cr.P.C. for anticipatory bail to female petitioners accused of cheating-related offences deemed triable summarily, directing release upon furnishing a ₹5,000 bond and standard sureties.
Anticipatory bail granted; release on bail of ₹5,000 each with two solvent sureties
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.11207 of 2016
02. 01.8.2016 Heard learned counsel for the petitioners and learned
counsel for the State.
This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the
petitioners in connection with G.R. Case No. 1094 of 2016 arising out of Derabish P.S. Case N
o. 91 of 2016 pending in the Court of learned S.D.J.M., Kendrapara for alleged commission of o
ffences under Sections 417/467/468/471 of the Indian Penal Code.
Perused the FIR.
Learned counsel for the petitioners submits that the offences are triable by Magistrat
e and the petitioners are ladies and in view of the proviso to section 437 (1) Cr.P.C., the ba
il application of the petitioners may be favourably considered.
Learned counsel for the State opposed the prayer for bail.
Considering the submissions of learned counsels for the respective parties, the natur
e of accusation against the petitioners and keeping in view the proviso to section 437(1) Cr.P
.C., I am inclined to release the petitioners on anticipatory bail and accordingly, this Court
directs that in the event of arrest of the petitioners in connection with the aforesaid case
, they shall be released on bail on furnishing bail bond of Rs.5,000/- (rupees five thousand)
each with two solvent sureties each for the like amount to the satisfaction of the ar
resting officer with further conditions
that they shall make themselves available for interrogation by the I.O. as and when requ
ired and they shall not directly or indirectly make any inducement, threat or promise
to any person acquainted with the facts of the case so as to dissuade them from disclosing any
facts to the Courts or to the investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application. k S.K. Sah
oo, J.
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in view of the offence being triable summarily and the petitioners being ladies.
Whether to grant anticipatory bail subject to conditions of availability for interrogation and non-interference.
2 provisions across 1 enactments
Petitioners
State
k S.K. Sah
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court