Single judge allowed anticipatory bail to petitioners apprehending arrest in a domestic offence case involving sections of IPC and Dowry Prohibition Act, noting no criminal antecedents and low risk of absconding.
Anticipatory bail allowed; directing arresting officer to grant bail on appropriate terms if arrest occurs.
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ABLAPL No.15830 of 2016
20.12.2016 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel. I have also heard learned counsel for the informant.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 498-A, 294, 307 and 506/34 of the IPC read with Section 4 of the Dowry Prohibi
tion Act in G.R. Case No.1626 of 2016 of the court of learned S.D.J.M., Cuttack, arising out o
f Cuttack Mahila P.S. Case No.0084 of 2016.
Learned Additional Standing Counsel on instruction submits that the injury sus
tained by the injured is simple in nature and no criminal antecedent is reported against the p
etitioners. The petitioners are permanent residents of village Dalikainda and Belapala respect
ively, P.S.-Rajnagar, Dist.-Kendrapara and there is no chance of their absconding from justice
. There is no allegation on behalf of the State that the petitioners will tamper with the pros
ecution evidence, if they are released on bail.
Keeping in view the aforesaid consideration, facts of the case and the nature
of allegations, application for anticipatory bail is allowed. In the event of arrest of the pe
titioners in the aforesaid case, they shall be released on bail by the arresting officer on su
ch terms and conditions as deemed just and proper by him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
.
S.K. Mishra, J.
3
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioners apprehending arrest for alleged offences under Sections 498-A, 294, 307, 506/34 IPC and Section 4 of the Dowry Prohibition Act.
Whether the petitioners pose a risk of absconding or tampering with evidence justifying denial of bail.
2 provisions across 2 enactments
The Petitioners
The Informant
S.K. Mishra
As recorded by the court registry
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