The High Court granted directions for anticipatory bail to the petitioner, who was implicated in offences under IPC read with SC & ST (PA) Act, in a case stemming from enmity.
Directed that the petitioner be released on bail with conditions within fifteen days of surrender.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 17402 OF 2016
02. 24.11.2016 The petitioner having been implicated in Bolangir Sadar P.S. C
ase No. 253 of 2016 corresponding to Spl. G.R. Case No. 58 of 2016 on the file of Special Judg
e, SC / ST, Bolangir for alleged commission of offence under section 294/323/506 of IPC read w
ith section 3(1)(r)(f) of SC & ST (PA) Act, has filed this application for grant of anticipato
ry bail.
Learned counsel for the petitioner submits that although the offence under sec
tion 3(1)(r)(f) of SC & ST (PA) Act has been mentioned therein yet, the version of the complai
nant does not prima facie satisfy the ingredients for attraction of the same against this peti
tioner. He further submits that the case is outcome of prior enmity. Therefore, he urges for g
rant of anticipatory bail to the petitioner.
Learned Additional Standing Counsel opposes the move.
Considering the submissions, viewing the nature of accusations and other surro
unding circumstances of the case, in the absence of any other impediment, it is directed that
in the event the petitioner surrenders before the court in seisin of the case within a period
of fifteen days hence and moves for his release on bail, he be released on bail with such term
s and conditions as would be deemed just and proper by the said court with further condition t
hat he will cooperate with the investigation as and when required.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Narayan
.. D. Dash, J
.
// 2 //
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner implicated in an offence under Sections 294/323/504 IPC read with Section 3(1)(r)(f) of SC & ST (PA) Act.
Petitioner
State of Odisha
Narayan
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court