The High Court granted anticipatory bail to a petitioner facing charges under the IPC, noting he is a government servant and offenses are triable by a Magistrate, imposing standard conditions.
Petitioner released on anticipatory bail on furnishing a bond of Rs. 5,000 with two sureties and complying with specified conditions.
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ABLAPL No. 2375 of 2016
02. 06.04.2016 Heard learned counsel for the petitioner and learned c
ounsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipa
tory bail to the petitioner in connection with Padampur P.S. Case No. 30 of 2016 corresponding
to G.R. Case No. 124 of 2016 pending in the Court of learned S.D.J.M., Padampur for alleged c
ommission of offences under sections 147/451/341/294/427/506/149 of the Indian Penal Code.
Perused the FIR.
Learned counsel for the petitioner submits that the petitioner is working as J
unior Clerk in the D.F.O. Office, Padampur. He further submits that the sister of the petition
er was kidnapped by one of the relatives of the informant and when the petitioner had been to
the house of the informant to make a query, the case has been foisted against him. He further
submits that all the offences are triable by Magistrate and ingredients of offences are not at
tracted.
Learned counsel for the State opposes the prayer for bail.
Considering the submissions made by the respective parties, the nature
of accusation, previous dispute between the parties and taking into account the fact that the
petitioner is Government servant and that the offences are triable by Magistrate, I am inclin
ed to release the petitioner on anticipatory bail
and accordingly this Court directs that in the event of arrest of the petitioner in co
nnection with the aforesaid case, he shall be released on bail on furnishing bail bond of Rs.5
,000/- (Rupees five thousand) with two sureties each for the like amount to the satis
faction of the arresting officer with further conditions that he shall make himself avai
lable for interrogation by the I.O. as and when required and he shall not directly or i
ndirectly make any inducement, threat or promise to any person acquainted with the facts of
the case so as to dissuade him from disclosing any facts to the Courts 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 is granted on proper application.
S.K. Sahoo, J.
skb
- 2 -
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail given the nature of accusations and his position as a government servant.
2 provisions across 2 enactments
Petitioner
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court