The court allowed an application for anticipatory bail filed by a resident of Balasore who was apprehending arrest in a dowry harassment case involving Sections 498-A and 34 IPC. The court noted no risk of absconding or tampering with evidence.
Application for anticipatory bail allowed; petition to be released on bail if arrested.
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ABLAPL No.16394 of 2016
07.11.2016 Heard learned counsel for the petitioner and learned Additional Standi
ng Counsel.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 498-A/34 of the IPC read with Section 4 of the Dowry Prohibition Act in C.T. Case
No.754 of 2016 of the court of learned J.M.F.C., Soro, arising out of Simulia P.S. Case No.230
of 2016.
The petitioner is a permanent resident of Maitapur, PS-Simulia, Dist.-Balasore
and there is no chance of his absconding from justice. There is no allegation that the petiti
oner will tamper with the prosecution evidence, if he is 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
titioner in the aforesaid case, he shall be released on bail by the arresting officer on such
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.
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest under Sections 498-A and 34 IPC read with Section 4 of the Dowry Prohibition Act.
2 provisions across 2 enactments
The Petitioner
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court