Allowed

Babuli Swain v. State of Orissa

Orissa HC5 Dec 2016ABLAPL/16398/2016

Case brief

AI extract

What is this about?

The High Court allowed an application for anticipatory bail. The court held that while a prima facie case existed for a lesser offence (IPC 394), the applicant faced arrest for a graver one (IPC 395). Considering no criminal antecedents and lack of injury, the application was approved.

What did the court decide?

Application for anticipatory bail allowed; applicant shall be released on bail if arrested, subject to conditions.

Babuli Swain Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

 ABLAPL No.16398 of 2016

¶2

05.12.2016 Heard learned counsel for the petitioner and learned Additional Standi
ng Counsel.

¶3

 The petitioner is apprehending arrest for the alleged commission of offence un
der Section 395 of the IPC in G.R. Case No.621 of 2016 of the court of learned J.M.F.C., Nimap
ara, arising out of Gop P.S. Case No.113 of 2016.

¶4

 From the contents of the FIR as well as statement of the witnesses, this Court
 is of the opinion that a prima facie case under Section 394 of the IPC is made out against th
e petitioner. However, the Investigating Officer has registered offence under Section 395 of t
he IPC. No criminal antecedent is reported against the petitioner. No person has been sustaine
d any injury. Only allegation against him is that he along with others by forcibly filled thei
r motor-cyclies with petrol amounting to Rs.2,533/-. The petitioner is a permanent resident of
 village Gaindol, P.S.-Puri Sadar, Dist.-Puri and there is no chance of his absconding from ju
stice. There is no allegation on behalf of the State that the petitioner shall tamper with the
 prosecution evidence, if he is released on bail.

¶5

 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.

¶6

 The ABLAPL is disposed of accordingly.

¶7

Urgent certified copy of this order be granted as per rules.

¶8

S.K. Mishra, J.

¶9

Babuli Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

Babuli Swain v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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