This court granted anticipatory bail to petitioners apprehending arrest in a murder trial for organo phosphorous poisoning where records showed victim consented to consume poison and no injuries were found.
Granted liberty to surrender before learned S.D.J.M. within twenty one days. Ordered production within twenty-four hours if arrested.
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ABLAPL NO.11727 OF 2015
03.3.2016. Heard learned counsel for the petitioners and learned Addl. Government Advocate for t
he State.
2. The petitioners are apprehending arrest for the alleged commission of offence under Sec
tion 302/34 of the I.P.C. in C.T. Case No.414/2015 of the court of learned S.D.J.M., Bargarh a
rising out of Bargarh Town P.S. Case No.152/2015.
3. It is apparent from the record that the incident took place on 22.3.2015. It is alleged
by the informant that the deceased was assaulted by the petitioners and others for which his
condition become worse and later he died while he was at Bolangir in his own house and U.D. ca
se was started being U.D. Case No.41/2015 of the court of learned S.D.M., Bolangir. In the po
st mortem report, it was found that the cause of deceased was organo phosphorous poisoning. N
o injury was found on the body of the deceased. No injury was also noticed by the I.O. at the
time of inquest. Moreover, it appears from the statement of one Sankirtan Chhatria that in th
e night between 22-23.3.2015 the deceased was sleeping in his house and his father woke up and
found that the deceased was vomiting. He also noticed poisonous smell from his vomit. On bein
g asked the deceased told that he has consumed poison himself.
4. Learned counsel for the petitioners submits that no offence under Section 302/34 of the I.
P.C. is at all made out against present petitioners. The petitioners are permanent residents o
f village Champabatipur, P.S.-Bargarh in the district of Bargarh. Hence there is no chance of
their absconding from justice.
5. Keeping in view the aforesaid consideration, this Court is inclined to grant anticipatory
bail to the petitioners. Accordingly, the petitioners are given liberty to surrender before t
he learned S.D.J.M., Bargarh, in the aforesaid case within twenty one days and pray for bail.
On such event, the learned Magistrate shall enlarge them on bail on such terms and conditions
as deemed just and proper by him. In case they are arrested by the Police in the mean time, th
ey shall be produced before the learned S.D.J.M., Bargarh within twenty-four hours. The learne
d Magistrate shall then allow their application for bail as aforesaid.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest in a charge under Section 302/34 IPC.
Whether existing record indicates chance of absconding by present petitioners.
1 provisions across 1 enactments
The Petitioners
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court