Application for anticipatory bail allowed. Court held no offence of attempt to murder made out due to lack of significant neck injury; bail granted with terms to be fixed by arresting officer.
Application for anticipatory bail allowed; petitioner to be released on bail by arresting officer on such terms as deemed just and proper.
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ABLAPL No.16422 of 2016
05.12.2016 Heard learned counsel for the petitioner and learned Additional Standing Couns
el.
The petitioner is apprehending arrest for the alleged commission of offences u
nder Sections 498-A and 506/34 of the IPC read with Section 4 of the Dowry Prohibition Act in
C.T. Case No.4366 of 2016 of the court of learned S.D.J.M., Bhubaneswar, arising out of Badaga
da P.S. Case No.265 of 2016.
It is submitted by the learned counsel for the petitioner that in addition to
the offence has registered by the Police an offence under Section 307 of the IPC is also made
out as Investigating Officer has not taken appropriate step for investigation of the case. Lea
rned counsel for the informant has already approached this Court by filing a writ petition (cr
iminal), which is pending for consideration. Carefully examined the statement of witnesses as
well as injury report. The contention raised by the learned counsel for the petitioner that th
e offence under Section 307 of the IPC is also made out is not tenable. Moreover, in support o
f allegation that the petitioner has threatened to kill in her by means of a crow bar compress
ing on her neck and that they left her considering her to be death is not supported by medical
opinion as no injury was found on her neck. One small linear abrasion measuring 3 c.m x 1/10
c.m. was found on the dorsum aspect of her right hand. This Court is of the opinion that no of
fence under Section 307 of the IPC is made out against the petitioner. None of the offences al
leged to have been committed by the petitioner is punishable with a term of imprisonment excee
ding seven years. The petitioner is a permanent resident of village Kesorpur, P.S.-Bansada, Di
st.-Bhadrak and there is no chance of his absconding from justice. There is no allegation on b
ehalf of the State that the petitioner shall tamper with the prosecution evidence, if he is re
leased 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.
3
2 issues framed by the court
Whether anticipatory bail is maintainable apprehending arrest under Sections 498-A, 506, 34 IPC and Section 4 of the Dowry Prohibition Act.
Whethera charge of attempt to murder under Section 307 of the IPC is made out based on the medical evidence of injuries sustained.
4 provisions across 2 enactments
Petitioner
As recorded by the court registry
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