Allowed application for anticipatory bail. Held there was no reasonable apprehension of absconding or tampering with evidence. The application was disposed of upon these grounds.
Application for anticipatory bail is allowed; on arrest, petitioners shall be released on bail as deemed just and proper by the Arresting Officer.
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ABLAPL No. 15618 of 2016
01.12.2016 Heard learned counsel for the petitioners and learned Addl. Standing Counsel.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 341, 323, 324, 379, 506, 307 and 294/34 of the I.P.C. in G.R. Case No.1549 of 2015 of
the court of S.D.J.M., Puri, arising out of Kanas P.S. Case No. 83 of 2015.
Leaned Addl. Standing Counsel on instruction submits that injury sustained by the inju
red is simple in nature and no criminal antecedent is reported against the petitioners. Moreov
er, from the statements of witnesses as well as the F.I.R. it is apparent that no specific ove
rt act has been attributed against the present petitioners. In a general and omnibus manner, i
t is stated that the accused persons have done an overt act of assault on the victim.
Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioners are permanent residents of Village-Gadabalabhadrapur, P.S. Kanas, Dist. Puri and th
ere is no reasonable apprehension of their absconding from justice, the application for antici
patory bail is allowed. Moreover, there is no allegation that the petitioners shall tamper wit
h the prosecution evidence, if they are released on bail. It is directed that on the event of
arrest, the petitioners shall be released on bail on such terms and conditions as deemed just
and proper by the Arresting Officer.
The ABLAPL is accordingly disposed of.
JS Urgent certified copy of this order be granted on proper application.S.K.Mishra, J.2
1 issue framed by the court
Whether the petitioners have reasonable apprehension of arrest warrant under the relevant IPC sections.
The Petitioners
State of Odisha
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court