The Court granted anticipatory bail to petitioners apprehending arrest in connection with criminal riot and public order offences. Found no risk of absconding or evidence tampering.
Application for anticipatory bail allowed; direction to release petitioners on bail upon arrest.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
24.ABLAPL No. 1 1.2578 0 16 of 2016
Heard learned counsel for the petitioners and learned Addl. Government Advocate.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 143, 153-A, 153-B, 186, 120-B, and 431/149 of the I.P.C. in C.T. Case No.708 of 2016 o
f the court of J.M.F.C., Soro, arising out of Soro P.S. Case No. 359 of 2016.
The incident took place during the recent communal riots at Soro. Now, peace is prevai
ling in the town of Soro because of the efforts of the peace committee and the administration.
The co-accused has been granted anticipatory bail.
Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioners are permanent residents of Villages Chhatrapur and Ghadasahi, P.S. Soro, Dist. Bala
sore and there is no reasonable apprehension of their absconding from justice, the application
for anticipatory bail is allowed. Moreover, there is no allegation that the petitioners shall
tamper with the prosecution evidence, if they are released on bail. It is directed that on th
e event of arrest, the petitioners shall be released on bail on such terms and conditions as d
eemed just and proper by the Arresting Officer.
The ABLAPL is accordingly disposed of.Urgent certified copy of this order be granted on proper application.J.
2
2 issues framed by the court
Whether to grant anticipatory bail to petitioners apprehending arrest under Sections 143, 153-A, 153-B, 186, 120-B, 431, and 149 of I.P.C.
Whether reasonable apprehension of absconding or tampering with evidence exists.
Petitioners
Government
J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court