Allowed

Babali@Biswaananda Bramarabar Ray v. State of Orissa

Orissa HC4 Nov 2016ABLAPL/13685/2016

Case brief

AI extract

What is this about?

In an application for anticipatory bail, the single judge observed that Section 436 IPC offense was not made out while Section 380 IPC was. Noting no risk of absconding or tampering, the court allowed the application.

What did the court decide?

Application for anticipatory bail allowed; petitioners to be released on bail by arresting officer on such terms as deemed proper.

Babali@Biswaananda Bramarabar Ray Vs State of… — Murder and Culpable Homicide | Orissa HC (2016)

¶1

ABLAPL NO.13685 OF 2016

¶2

04.11.2016 Heard learned counsel for the petitioners and learned Addl. Government Advocate for the
State.

¶3

2. Petitioners are apprehending arrest for the alleged commission of offence under Sections
341/323/324/380/427/354-A/436/34 of the I.P.C. in G.R. Case No.1679/2016 of the court of learn
ed S.D.J.M., Puri arising out of Sea Beach P.S. Case No.115/2016.

¶4

3. Offence under Section 436 of the I.P.C. is not made out against the petitioner as per the
 report of the Asst. Fire Officer, Puri. Offence under Section 380 of the I.P.C. is made out
against the present petitioner. However, nothing has been seized from the from the house of t
he petitioner as yet. Offences under Sections 324/354-A/427 of the I.P.C. are bailable in natu
re. It is further noted that the petitioner nos.1 and 2 are permanent resident of Water Works
 Road, P.S.-Sea Beach, in the district of Puri and petitioner no.3 is permanent resident of K
anaguru, P.S.-Jankia in the district of Khurdha. Hence there is no chance of their absconding
from justice. There is no allegation on behalf of the prosecution that the petitioners will t
amper the prosecution evidence, if they are released on bail.

¶5

4. Keeping in view the aforesaid consideration, nature of the allegations made and the facts
of the case, application for anticipatory bail is allowed. In the event of arrest of the petit
ioners in the aforesaid case, they shall be released on bail by the arresting officer on such
terms and conditions as deemed just and proper by him.

¶6

 The ABLAPL is disposed of.

¶7

 Urgent certified copy of this order be granted on proper application.

¶8

 S.K.Mishra, J

Babali@Biswaananda Bramarabar Ray v. State of Orissa

Case brief

What is this about?

What did the court decide?

Babali@Biswaananda Bramarabar Ray v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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Case details

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