High Court allowed an application for anticipatory bail regarding pending police cases alleging IPC offences. The court noted the petitioner had no criminal antecedents and the injury sustained was simple.
Anticipatory bail allowed with direction to surrender within 21 working days and a stay on arrest.
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ABLAPL No.16436 of 2016
06.12.2016 Heard learned counsel for the petitioners and learned Addl. Standing C
ounsel.
The petitioners are apprehending arrest for the alleged commission of
offence under Sections 143, 341, 147, 323, 427, 307, 294, 504, 506/149 of the IPC in G.R. Case
No.220/2015 (arising out of 1.C.C. No.57/2015) of the court of learned JMFC-cum-NGN, Rajnagar
, arising out of Talachua P.S. Case No.40/2015.
The co-accused has been admitted to anticipatory bail as per order dat
ed 05.04.2016 in ABLAPL No.18762/2015. It is observed that the injured has sustained simple in
jury. No criminal antecedent is reported against the petitioners. The petitioners are permanen
t residents of Vill/P.S. Talachua, Dist. Kendrapara, which precludes any chance of their absco
nding from justice. There is no allegation on behalf of the prosecution that the petitioners
shall tamper with the prosecution evidence if released on bail. It is submitted that charge-sh
eet has been filed.
Considering the aforesaid facts, the ABLAPL is allowed. Let the petitioners su
rrender before the learned JMFC-cum-NGN, Rajnagar in the aforesaid case within 21 working days
and pray for bail. On such event, they shall be released on bail on such terms and conditions
as deemed just and proper by the learned Magistrate. The petitioners shall not be arrested in
the aforesaid case for the next 21 working days by any police officer either on his own accor
d or on the basis of any warrant issued by the learned JMFC-cum-NGN, Rajnagar in the aforesaid
case.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
S.K. Mishra, J.1 issue framed by the court
Whether the petitioners are entitled to grant of anticipatory bail in pending police cases allegingIPC offences.
1 provisions across 1 enactments
The petitioners
The State
S.K. Mishra
As recorded by the court registry
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