Allowed

Sanjay Kumar Mahalik v. State of Orissa

Orissa HC20 May 2016ABLAPL/2501/2016

Case brief

AI extract

What is this about?

The High Court granted anticipatory bail to the petitioner apprehending arrest for alleged offences of kidnapping, abducting for compelled marriage, rape and theft. The court noted the petitioner's lack of direct substantial involvement based on victim statement and comparable bail granted to co-accused.

What did the court decide?

Anticipatory bail granted subject to release on bail on appropriate terms if arrested.

Sanjay Kumar Mahalik Vs State of Orissa — Anticipatory Bail | Orissa HC (2016)

¶1

 ABLAPL No.2501 of 2016

¶2

 20.05.2016 Heard learned counsel for the petitioner and learned Addl. Government
Advocate.

¶3

 The petitioner is apprehending arrest for the alleged commission of offence un
der Sections 363, 366, 366-A, 376(2)(i)(n), 406 and 109/34 of the IPC read with Section 6 of t
he POCSO Act in Special Case No.192/2015 of the court of learned Special Judge, Balasore, aris
ing out of Chandipur P.S. Case No.61/2015.

¶4

 It is submitted on behalf of the petitioner that no offence under Sections 366
, 366-A and 376 of the IPC is made out against the present petitioner. The statement of victim
 girl recorded under Section 164 Cr.P.C. reveals that the main accused-Kanhu Dalei committed t
he rape. The only allegation against the present petitioner is that when the victim girl went
to meet Kanhu Dalei near the temple of Lord Shiva, the present petitioner switched off the str
eet light and thereafter Kanhu Dalei and others took her away on a bi-cycle. Thereafter, there
 is no other allegation against the present petitioner.

¶5

 Considering the aforesaid submission and the fact that co-accused persons, who
 are similarly placed, i.e. Tanu Das and Ganesh Das @ Ganesha Das have been granted anticipato
ry bail as per order dated 24.12.2015 and 16.05.2016 in ABLAPL No.16962 of 2015 and ABLAPL No.
3581 of 2016, respectively, this Court is inclined to grant to anticipatory bail to the petit
ioner. More so, the petitioner is a permanent resident of Badakhua, P.S. Balasore Town, Dist.B
alasore and there is no chance of his absconding from justice. In the event of his arrest in t
he aforesaid case, the petitioner shall be released on bail by the arresting officer on such t
erms and conditions as deemed just and proper by him.

¶6

 The ABLAPL is disposed of accordingly.

¶7

 Urgent certified copy of this order be granted as per rules.

¶8

 S.K. Mishra, J.

Sanjay Kumar Mahalik v. State of Orissa

Case brief

What is this about?

What did the court decide?

Sanjay Kumar Mahalik v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

Statutes considered

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