The Single Judge allowed the application for anticipatory bail for the petitioners apprehending arrest under various IPC sections. The court noted the non-criminal antecedents and local residence as factors allowing bail.
Application for anticipatory bail allowed; petitioners to be released on bail by arresting officer if arrested in the said case.
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ABLAPL No.14191 of 2016
09.11.2016
ounsel.
Heard learned counsel for the petitioners and learned Addl. Standing C
The petitioners are apprehending arrest for the alleged commission of
offence under Sections 341, 323, 324, 307/34 of the IPC in G.R. Case No.1466/2016 of the court
of learned S.D.J.M.,(S) Cuttack, arising out of Mangalabag P.S. Case No.178/2016.
The injuries sustained by the injured are simple in nature. No crimina
l antecedent is reported against the petitioners. The petitioners are permanent residents of R
anihat Gopal Sahi, P.S. Mangalabag, Dist. Cuttack. Hence, there is no chance of their abscondi
ng from justice. There is no allegation on behalf of the prosecution that the petitioners sha
ll tamper the prosecution evidence if released on bail.
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 petitioners in the aforesaid case, they shall be released on bail by the arrest
ing officer on such terms and conditions as deemed just and proper by him.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K. Mishra, J.
Intheinterim,Misc.CaseitNo.8721isdirectedof2011thatthepetitioner no.2 shall not be disengage
d only on the basis of attaining the age of 60 till the next date.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
3
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the present case.
Whether there is a reasonable fear of arrest justifying the grant of anticipatory bail.
1 provisions across 1 enactments
The petitioners
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court