Court granted anticipatory bail to in-laws accused in a 498-A case where charges were vague and no specific role was alleged. Bail conditioned on cooperation with investigation and just terms by arresting officer.
Direction to release petitioners on bail upon arrest with conditions to cooperate in investigation.
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ABLAPL No. 19485 OF 2016
02. 19.12.2016 The petitioners being the in-laws having been implicated in Cuttack Ma
hila P.S. Case No. 106 of 2016 corresponding to G.R. Case No. 2101 of 2016 on the file of lear
ned S.D.J.M., (S), Cuttack for alleged commission of offence under section 498-A/323/294/506/3
54 /379/34 of IPC read with section 4 of the D.P. Act, have filed this application for grant o
f anticipatory bail.
Learned counsel for the petitioners submits that the allegations are mainly ag
ainst the husband of the informant and these in-laws have been arraigned in the case with the
omnibus allegation that they had also joined with the principal accused though no specific rol
e of any of them have been stated.
Learned Addl. Standing Counsel is not in a position to dispute the above aspec
t as expressed in the FIR.
Considering the submissions, in view of the nature of accusations against thes
e petitioners and other surrounding circumstances of the case, in the absence of any other imp
ediment, it is directed that in the event of arrest of the petitioners in the above case, they
be released on bail with such terms and conditions as would be deemed just and proper by the
Arresting Officer with further condition that they will cooperate with the investigation as an
d 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 anticipatory bail should be granted to the petitioners implicated in a 498-A case where their specific role is not delineated.
Petitioners
State (Cuttack)
Narayan
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court