This court disposed of an application for anticipatory bail. Granting conditional bail in the event of arrest, directing release on Rs. 5,000 bond with sureties, and prohibiting inducement of witnesses.
Petitioner shall be released on bail on furnishing bond of Rs.5,000 with two sureties; him shall not induce witnesses.
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ABLAPL No.2312 of 2016
5.4.2016
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 438 Cr.P.C. for grant of anticipatory bail to the
petitioner in connection with Fategarh P.S. Case No.11 of 2016 corresponding to G.R. Case No.
30 of 2016 pending before the court of learned JMFC, Khandapada for alleged commission of offe
nces under Sections 341/294/323/506/34 of Indian Penal Code.
Perused the FIR.
Learned counsel for the petitioner submits that there is civil dispute between the par
ties for which the case has been foisted. He further contends that the alleged offences are tr
iable by the Magistrate and the offence under Section 506 IPC is only non-bailable. Learne
d counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions of learned counsels for the respective parties, the nature
of accusation and the fact that the offences are triable by the Magistrate as well as the of
fence under Section 506 IPC is only non-bailable, this Court directs that in the event of arre
st of the petitioner in connection with the aforesaid case, he shall be released on bail on fu
rnishing bail bond of Rs.5,000/- (Rupees five thousand) with two sureties each for the
like amount to the satisfaction of the arresting officer with further
conditions that he shall make himself available for interrogation by the I.O. as and when
required and he shall not, directly or indirectly, make any inducement, threat or prom
ise to any person acquainted with the facts of the case so as to dissuade him from disclosing
such facts to the Court or to the Investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.Urgent certified copy of this order be granted on proper application.S.K.Sahoo, J.
2
2
2 issues framed by the court
Whether anticipatory bail should be granted in connection with offences under Sections 341/294/323/506/34 IPC.
Whether conditions for bail should be framed for a non-bailable offence triable by Magistrate.
2 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
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