Allowed an application for anticipatory bail where injured persons sustained simple injuries. No criminal antecedents reported; no apprehension of absconding or tampering with evidence.
Application for anticipatory bail allowed. Direction for release on bail if arrested.
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ABLAPL No. 15858 of 2016
17.11.2016 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, 326, 294 and 506/34 of the I.P.C. in G.R. Case No. 450 of 2016 of the c
ourt of J.M.F.C., Pipili, arising out of Pipili P.S. Case No. 305 of 2016.
Learned Addl. Standing Counsel on instruction submits that the injured persons have su
stained simple injuries, so offence under Section 326 of the I.P.C. is not made out against th
e petitioners. Offences under sections 341, 323 and 294 of the I.P.C. are bailable in nature.
Punishment prescribed for the offences under Sections 324 and 506 of the I.P.C. is for a term
of imprisonment not exceeding seven years. No criminal antecedent is reported against the peti
tioners.
Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioners are permanent residents of Village- Solana, P.S. Pipili, Dist. Puri and there is no
reasonable apprehension of their absconding from justice, the application for anticipatory ba
il is allowed. Moreover, there is no allegation that the petitioners shall tamper with the pro
secution evidence, if they are released on bail. It is directed that on the event of arrest, t
he petitioners shall be released on bail on such terms and conditions as deemed just and prope
r by the Arresting Officer.
The ABLAPL is accordingly disposed of.Urgent certified copy of this order be granted on proper application.S.K.Mishra,J.
2
1 issue framed by the court
Whether to grant anticipatory bail to petitioners apprehending arrest for alleged offences under various sections of the Indian Penal Code.
1 provisions across 1 enactments
The petitioners
S.K. Mishra
As recorded by the court registry
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