This order, in response to an application for anticipatory bail, directs that upon the petitioner's surrender within fifteen days, he to be released on bail with specific conditions including non-indulgence in criminal activity and cooperation with the investigation.
Conditional direction for bail on surrender within fifteen days with conditions.
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ABLAPL No. 17731 OF 2016
02. 29.11.2016 The petitioner having been implicated in Khajuripada P.S. Case
No. 92 of 2016, corresponding to G.R. Case No. 636 of 2016 on the file of learned S.D.J.M., P
hulbani for alleged commission of offence under section 341/294/324/325 /506/34 of IPC, has fi
led this application for grant of anticipatory bail.
Learned counsel for the petitioner submits that in so far as the F.I.R. allega
tion is concerned, the petitioner has not been ascribed with any specific role which runs agai
nst two others and it is said that he was just present with them. He further submits that beca
use of prior enmity, the case has been foisted against this petitioner who is now serving as H
ome Guard. According to him there remains no possibility on the part of the petitioner to flee
from justice and tamper the evidence. Therefore, he urges for grant of anticipatory bail to t
he petitioner.
Learned Addl. Government Advocate opposes the move.
Considering the submissions, viewing the nature of accusations against these p
etitioner and other surrounding circumstances of the case, in the absence of any other impedim
ent, it is directed that in the event the petitioner surrenders before the court in seisin of
the case within fifteen days hence and moves for his release on bail, he be released on bail w
ith such terms and conditions as would be deemed just and proper by the said court with furthe
r condition that he will not indulge in any criminal activity; and will cooperate with the inv
estigation 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 the petitioner is entitled to the grant of anticipatory bail given the allegations and circumstances.
The Petitioner
The State
Narayan
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court