Partly allowed

Choudhury Anjalibala v. State of Orissa

Orissa HC14 Jan 2016ABLAPL/13001/2015

Case brief

AI extract

What is this about?

Anticipatory bail applications of petitioners 1 and 2 faced by rigorous bail conditions relying on prima facie evidence in IPC 302/498-A case. The court rejected anticipatory bail but granted liberty to surrender within 21 days for immediate consideration by the lower court.

What did the court decide?

Anticipatory bail rejected; liberty granted to surrender within 21 days for immediate bail consideration by the lower court.

14.01.2016Learned counsel for the petitioners orally submits that he wants to not press the bail application of petitioners 3 and 4. Accordingly, the bail application in respect of petitioners 3 and 4 is dismissed as withdrawn.

The petitioners 1 and 2 are apprehending arrest for the alleged commission of offences under Sections 498-A, 302, 304-B/34 of the I.P.C. read with Section 4 of the Dowry Prohibition Act in C.T. Case No. 398 of 2015 of the court of J.M.F.C., Jaleswar, arising out of Kamarda P .S. Case No.398 of 2015.

Keeping in view the nature of allegations and the fact that there is a prima facie case available against the petitioners 1 and 2, this Court is not inclined to grant anticipatory b ail to the petitioners 1 and 2. Accordingly, the application for anticipatory bail is rejected . However, in view of the submission made by the learned counsel for the petitioners 1 and 2, it is directed that the petitioners are given liberty to surrender before the learned J.M.F.C. , Jaleswar in the aforesaid case within 21 days hence and pray for bail. On such event, the ap plication for bail shall be considered by the learned J.M.F.C., Jaleswar in first hour and in case of rejection of the bail application, learned Magistrate shall submit the case records to the higher forum at the cost of the petitioners. The petitioners 1 and 2 are at liberty to mo ve before the higher forum in second half of the day. On such event, the higher forum shall co nsider the bail application and dispose of the same on the same day by maintaining principles of parity, if available.

This Court has not expressed any opinion on the merit of the claim of the petitioners s o far as application under Section 439 Cr.P.C. to be filed is concerned. The Case Diary be made available to the court concerned.

Choudhury Anjalibala v. State of Orissa

Case brief

What is this about?

What did the court decide?

Choudhury Anjalibala v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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