This order refused anticipatory bail to the petitioner. It directed the petitioner to surrender within two weeks to apply for release on bail, which would then be considered on merits without the influence of this order.
Rejectable anticipatory bail, directed to surrender within two weeks for fresh bail application.
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ABLAPL No. 17353 OF 2016
03. 02.12.2016 Heard learned counsel for the petitioner and learned Addl. Gov
t. Advocate.
The petitioner having been implicated in Soro P.S. Case No. 406 of 2016, corr
esponding to Special Case No. 578 of 2016 on the file of learned Special Judge-cum-District Ju
dge, Balasore for alleged commission of offence under section 354/354-A(1)(i)(ii) of IPC read
with section 12 of POCSO Act, has filed this application for grant of anticipatory bail.
Considering the submissions and viewing nature of accusations against the peti
tioner, while being not inclined to grant anticipatory bail to the petitioner, it is directed
that in the event the petitioner surrenders in the court below within two weeks hence and move
s for his release on bail, the same shall be considered on its own merit and dispose of early
in accordance with law without being influenced by this order.
The ABLAPL is accordingly disposed of.
The case record be made available accordingly.
Urgent certified copy of this order be grant on proper application.
.. D. Dash, J.
Narayan
// 3 //
2 issues framed by the court
Whether anticipatory bail should be granted to the petitioner accused under IPC 354, 354-A(1)(i)(ii) and POCSO 12.
What direction to issue to the petitioner if surplus is not granted.
The Petitioner
Special Judge-cum-District Judge, Balasore
D. Dash
As recorded by the court registry
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