Allowed

Sodi [email protected] v. State of Orissa

Orissa HC5 Jan 2016ABLAPL/17916/2015

Case brief

AI extract

What is this about?

Petitioner sought anticipatory bail fearing arrest in C.T. Case No.2079 of 2015 involving Sections 294, 323, 498-A, 406, 506, 109, and 307 IPC read with Section 4 Dowry Prohibition Act. Court examined case diary and informant's injury report, concluding Section 307 does not inspire confidence in absence of medical injury evidence, thereby allowing anticipatory bail.

What did the court decide?

Application for anticipatory bail allowed. Petitioner to be released on bail if arrested, on terms deemed proper by arresting officer.

Sodi Sadique@Sk.Sadik Vs State of Orissa — Cheque Dishonour | Orissa HC (2016)

¶1

ABLAPL No.17916 of 2015
05.01.2016 Heard learned counsel for the petitioner and learned Additional Standi
ng Counsel for the State.

¶2

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 294, 323, 498-A, 406, 506, 109 and 307/34 of the IPC read with Section 4 of the D
owry Prohibition Act in C.T. Case No.2079 of 2015 of the court of learned S.D.J.M., Balasore,
arising out of Balasore Town P.S. Case No.245 of 2015.

¶3

 Perusal of the Case Diary reveals that no injury requisition was issued for th
e medical examination of the informant. The informant stated that her head was beated against
electric pole, as a result of which she sustained bleeding injury. There is no material on rec
ord to show that she sustained any injury on her person. So this Court is of the opinion that
the allegation of offence under Section 307 of IPC does not inspire confidence of the Court. T
he offence under Sections 294 and 323 of the IPC are bailable in nature. Offence under Section
s 498-A and 506 of the IPC are not punishable with term of imprisonment exceeding seven years.
 Keeping in view the aforesaid consideration, facts of the case and the fact th
at the petitioner is permanent resident of village Abdulgani Street (Kasab Mahal), PS-Balasore
 Town, Dist-Balasore and there is no chance of his absconding from justice, application for an
ticipatory bail is allowed. In the event of arrest of the petitioner in the aforesaid case, he
 shall be released on bail by the arresting officer on such terms and conditions as deemed jus
t and proper by him.

¶4

The ABLAPL is disposed of accordingly.

¶5

Urgent certified copy of this order be granted as per rules. .

¶6

S.K. Mishra, J.

¶7

Sodi [email protected] v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sodi [email protected] v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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