The Court granted anticipatory bail to the petitioner apprehending arrest under IPC and Arms Act charges. The petitioner was directed to surrender within 21 days to seek bail from the Magistrate.
Anticipatory bail granted with liberty to surrender before the learned S.D.J.M., Berhampur within twenty one days to pray for bail.
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ABLAPL NO.18601 OF 2015
19.1.2016 Heard learned counsel for the petitioner and learned Addl. Government Advocat
e for the State.
2. The petitioner is apprehending arrest for the aforesaid alleged commission of offences u
nder Sections 341/323/324/326/307/394/34 of the I.P.C. and Section 27 of the Arms Act in G.R.
Case No.743/2015 of the court of learned S.D.J.M., Berhampur, arising out of Bada Bazar P.S.
Case No.86/2015.
3. It is apparent from the record that the co-accused person, namely Babu Behera @ Upendra
Behera, has been released on bail in ABLAPL No.12944/2015 as per order dated 18.11.2015. It
is further apparent from the record that in the mean time charge sheet has been filed deletin
g the offences under Sections 307 and 326 of the I.P.C. The petitioner has not been named in
the F.I.R. He has been implicated by virtue of a confessional statement of a co-accused before
Police Officer, which is not admissible in evidence.
4. Keeping in view the aforesaid consideration, this Court is inclined to grant anticipatory
bail to the petitioner. Accordingly, the petitioner is given liberty to surrender before the
learned S.D.J.M., Berhampur, in the aforesaid case within twenty one days and pray for bail. O
n such event, the learned Magistrate shall enlarge him on bail on such terms and conditions as
deemed just and proper by him. In case he is arrested by the Police in the mean time, he shal
l be produced before the learned S.D.J.M., Berhampur, within twenty-four hours. The learned Ma
gistrate shall then allow his application for bail as aforesaid.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
2 issues framed by the court
Whether the petitioner is entitled to anticipatory bail given the apprehension of arrest and the fact that he was initially not named in the FIR.
What conditions should be imposed for the anticipatory bail granted to the petitioner.
2 provisions across 2 enactments
The Petitioner
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court