This order rejects an application for anticipatory bail under Section 438 CrPC. The court held that considering the alleged nature of the offences, the benefit of anticipatory bail was not inclined to be granted to the petitioner.
Anticipatory bail application rejected; petitioner at liberty to surrender.
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ABLAPL No.19728 of 2015
07.04.2016 Heard learned counsel for the petitioner and learned counsel for the State.This is an application under Section 438 of the Code of Criminal Procedure, 1973.The petitioner is an accused in G.R. Case No.836 of 2015 on the file of learned S.D.J.M ., Kendrapara registered under Sections 376/506, I.P.C. It is submitted on behalf of the petitioner that the victim is a major girl and there i
s no allegation of forcible cohabitation with the victim.
Considering the alleged nature of offences, I am not inclined to grant the benefit of a
nticipatory bail to the present petitioner. Accordingly, the bail application stands rejected.
However, the petitioner is at liberty to surrender before the courts below and in the e
vent of filing of bail application by the petitioner, both the learned courts below would do w
ell to dispose of the same according to law in course of the day.
Necessary cost of transmission of the Case Diary, if required, shall be borne by the pe
titioner.
The Bail Application is accordingly disposed of.Urgent certified copy of this order be granted on proper application.2
1 issue framed by the court
Whether anticipatory bail should be granted to the accused given the nature of the alleged offences.
1 provisions across 1 enactments
Petitioner (Accused)
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court