The High Court granted anticipatory bail to petitioner under Section 438 CrPC, directing surrender within fifteen days to the trial court with conditions for investigation cooperation.
Direction to reply upon surrender within fifteen days to J.M.F.C, Nimapara, to be released on bail with terms and condition to cooperate with investigation.
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ABLAPL No. 17450 of 2016
3. 15.12.2016 The petitioners having been implicated in G.R.
Case No. 783 of 2016 arising out of Balanga P.S. Case No. 104 of 2016 registered for alleged
commission of offence under sections 341/291/323/ 354/325/506/34 IPC pending in the court of
learned J.M.F.C., Nimapara have filed this application under Section 438 of Cr.P.C. for grant
of anticipatory bail.
Learned counsel for the petitioners submits that the parties had long
standing dispute and for that reason the incident has been exaggeratedly stated in the FIR. It
is his submission that the seriousness of the injured has been falsely described in the FIR t
o put gravity to the case. He also contends that two years back the members of the prosecution
party had severely assaulted the petitioners and have been booked in the case which is still
running. According to him, the present case is only to get rid of that case. Therefore, he u
rges for grant of bail to the petitioners.
Learned Additional Government Advocate vehemently opposes the move.
Considering the submissions, viewing the nature of accusations and oth
er surrounding circumstances of the case, in the absence of any other impediment, it is direct
ed that in the event the petitioners surrender before the court below within fifteen days henc
e in the above case, they be released on bail with such terms and conditions as would be deeme
d just and proper by the court in seisin of the case with further condition that they will coo
perate with the investigation as and when required.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners implicated in an offence under Sections 341/291/323/354/325/506/34 IPC.
2 provisions across 2 enactments
Petitioners
Director of Public Prosecution
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court