Prasanta Behuria v. State of Orissa
Case brief
What is this about?
Single judge dismissed an anticipatory bail application by directing the petitioner to surrender within fifteen days and move for bail on just terms and conditions based on the incident in Jajpur.
What did the court decide?
Directed petitioner to surrender within 15 days and move for bail; to be released on just terms.
What the court decided
A compact analysis
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. 19809 of 2016
2. 20.12.2016 The petitioner having been implicated in Jajpur P.S. Case No
. 278 of 2016 corresponding to G.R. Case No.963 of 2016 registered for alleged commission of o
ffence under sections 341/333/427/34 IPC read with Section 3 Prevention of Damage to Public Pr
operty Act pending in the court of learned S.D.J.M., Jajpur 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 FIR has been lodged on acc
ount of agitation being made by the students of the college in view of death of one student. I
t is also his submission that there is no specific allegation against this petitioner as regar
ds the commission of any overact and co-accused namely, Jitendra Sahu has been granted with an
ticipatory bail.
Learned Addl. Standing Counsel opposes the move.
Considering the submission, viewing the nature of accusations and other
surrounding 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 pe
riod of fifteen days hence and moves for his release on bail, he be released on bail on such t
erms and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
Issue urgent certified copy.
..
D. Dash, J.
Issues for consideration
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner who was implicated in a case involving sections 341/333/427/34 IPC read with Section 3 Prevention of Damage to Public Property Act.
Parties & counsel
- applicant
The Petitioner
- respondent
The State through Addl. Standing Counsel
Coram
D. Dash
Case details
As recorded by the court registry
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