The High Court in a Single Judge judgment disposed of a bail application filed by Upasana Sethi seeking anticipatory bail under Section 438 Cr.P.C. succeeding to a grant.
The petitioner was directed to surrender and move the lower court for bail, to be released on such terms and conditions as deemed fit.
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2. 22.11.2016 The petitioner having been implicated in G.R. Case No. 254 o
f 2016 arising out of Sarankul P.S. Case No.133 of 2016 registered for alleged commission of o
ffence under sections 498-A/323/294/307/354-B/34 IPC pending in the court of learned JMFC, Oda
gaon has filed this application under Section 438 of the Cr.P.C. for grant of anticipatory bai
l.
Learned counsel for the petitioner submits that this petitioner is the unmarri
ed sister-in-law of the informant and she has been arraigned in the case with omnibus allegati
on that she had joined with other accused persons being members of family. According to him, t
here is no specific allegation against this petitioner and there remains no allegation for att
raction of offence under section 307 IPC in so far as the petitioner is concerned.
Learned Addl. Standing Counsel opposes the move.
Considering the submission and viewing all the materials on record together wi
th the relevant factors in the absence of any such other impediment, this Court directs that i
n case the petitioner surrenders in the court below and moves for her release on bail, she be
released on bail with such terms and conditions as deemed fit and proper by the said court.
The ABLAPL stands disposed of.
.. D. Dash, J.
Aks
Upasana Sethi
State of Odisha
D. Dash
As recorded by the court registry
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