The Special Court allowed an application for anticipatory bail, holding that injuries were simple, no antecedents existed, and there was no risk of absconding or evidence tampering.
Application for anticipatory bail allowed; petitioners to be released on bail if arrested on specified terms.
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ABLAPL No.15941 of 2016
21.12.2016 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 341, 323, 307, 324, 294 and 506/34 of the IPC in G.R. Case No.819 of 2016 of t
he court of learned J.M.F.C.(P), Kujanga, arising out of Abhayachandpur P.S. Case No.128 of 20
16.
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 Nuagaon, P.S.-Abhayachandpur, D
ist.-Jagatsinghpur and there is no chance of their absconding from justice. There is no allega
tion on behalf of the State that the petitioners will tamper with the prosecution 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.
2
1 issue framed by the court
Whether the petitioners are entitled to anticipatory bail in light of the nature of injuries, lack of criminal antecedents, and no risk of absconding or tampering with evidence.
1 provisions across 1 enactments
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court