The Court allowed the application for anticipatory bail in an offence under Section 379 IPC. It noted that a co-accused was already released on bail, and there was no risk of the petitioner absconding or tampering with evidence.
Application for anticipatory bail allowed; petitioner to be released on bail if arrested.
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ABLAPL No.16612 of 2016
15.11.2016 Heard learned counsel for the petitioner and learned Additional Govern
ment Advocate.
The petitioner is apprehending arrest for the alleged commission of offence un
der Section 379 of the IPC in C.T. Case No.368 of 2016 of the court of learned S.D.J.M., Athga
rh, arising out of Khuntuni P.S. Case No.115 of 2016.
The co-accused has already been released on anticipatory bail by this Court on
03.11.2016 in ABLAPL No.16360 of 2016. More so, the petitioner is a permanent resident of Dal
ua, P.S-Khuntuni, Dist.-Cuttack and there is no chance of his absconding from justice. There i
s no allegation that the petitioner will tamper with the prosecution evidence, if he is releas
ed 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.
1 issue framed by the court
Whether conditions for grant of anticipatory bail are satisfied in a case of offence under Section 379 IPC.
1 provisions across 1 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court