Single judge considers application for anticipatory bail. Petitioner not facing assault charges directly. Court grants bail contingent on surrender within 15 days and move for regular bail.
Petitioner directed to be released on bail upon surrender within 15 days and filing bail application before the trial court.
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. 18219 of 2016
2. 1.12.2016 The petitioner having been implicated in G.R. Case No.1068 of 2016 a
rising out of Jatni P.S. Case No.380 of 2016 registered for alleged commission of offence unde
r sections 341/294/323/325/506/34 IPC pending in the court of learned J.M.F.C.(O), Bhubaneswa
r has filed this application under Section 438 of the Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioner submits that the allegations in so far as
the assault is concerned, it is not against this petitioner. According to him, the incident ha
d arisen because of prior enmity.
Learned Addl. Govt. Advocate opposes the move.
Considering the submission in view of the nature of accusations and other surr
ounding 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 on such terms
and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
D. Dash, J.
Aks
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail considering the nature of accusations and surrounding circumstances.
1 provisions across 1 enactments
PETITIONER
STATE
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court