Hearing an application for anticipatory bail, the single judge granted relief due to simple injury nature and lack of escape risk, directing release with conditions if arrested.
Application for anticipatory bail in G.R. Case No. 2906 of 2007 allowed; direction to release petitioner on bail if arrested with appropriate conditions.
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ABLAPL No. 15626 of 2016
01.12.2016 Heard learned counsel for the petitioner and learned Addl. Standing Counsel.
The petitioner is apprehending arrest for the alleged commission of offences under Sec
tions 341, 323, 324, 307 and 294/34 of the I.P.C. in G.R. Case No. 2906 of 2007 of the court o
f S.D.J.M., Bhubaneswar, arising out of Saheednagar P.S. Case No. 242 of 2007.
It is apparent from the records that specific allegation of assault is against one Phe
lu. General allegation is made against the petitioner without naming him in the F.I.R. It appe
ars from the bed-head ticket seized during the investigation of the case that the injuries sus
tained by the injured are simple in nature. No criminal antecedents are reported against the p
etitioner.
Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioner is a permanent resident of village-Belasaulia, P.S. Basudevpur, Dist. Bhadrak and th
ere is no reasonable apprehension of his absconding from justice, the application for anticipa
tory bail is allowed. Moreover, there is no allegation that the petitioner shall tamper with t
he prosecution evidence, if he is released on bail. It is directed that on the event of arrest
, the petitioner shall be released on bail on such terms and conditions as deemed just and pro
per by the Arresting Officer.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
JS S.K.Mishra, J.
2
2 issues framed by the court
Whether the petitioner has reasonable apprehension of arrest warrant issuance under Sections 341, 323, 324, 307 and 294/34 of IPC.
Whether grounds exist for granting anticipatory bail to the petitioner in G.R. Case No. 2906 of 2007.
1 provisions across 1 enactments
Petitioner
State of Odisha
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court