The applicant sought anticipatory bail under Section 438 Cr.P.C. in an NDPS case. The court declined to grant anticipatory bail but observed that release on regular bail would be considered on merits if the petitioner surrendered.
Application for anticipatory bail disposed of; directions issued regarding future bail application upon surrender.
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. 19173 of 2016
2. 14.12.2016 The petitioner having been implicated in Phiringia P.S. Case
No.102 of 2016 corresponding to C.T.Case No.99 of 2016 registered for alleged commission of
offence under section 20(b) (ii)(C) of N.D.P.S. Act pending in the court of learned District
& Sessions Judge-Cum-Special Judge, Phulbani has filed this application under Section 438 of t
he Cr.P.C. for grant of anticipatory bail.
Heard learned counsel for the petitioner and learned Addl. Standing Co
unsel.
Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case, while being not inclined to grant anticipatory bail t
o the petitioner, it is observed that in the event the petitioner surrenders before the court
in seisin of the case and moves for his release on bail, the same shall be considered on its o
wn merit and disposed of at the earliest without being influenced by this order, further takin
g into account the factum of release of co-accused person on bail in accordance with law.
The ABLAPL stands disposed of.
.. D. Dash, J.
Aks
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner implicated in an NDPS case.
2 provisions across 2 enactments
The Petitioner
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court