The High Court granted anticipatory bail to petitioners apprehending arrest in a case involving multiple IPC offences, considering the familial link to the prosecution and nature of injuries.
Grants anticipatory bail to the petitioners with conditions including non-terrorizing of witnesses and no further criminal activity.
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ABLAPL No. 8723 of 2016
19.8.2016
3. The petitioners apprehending their arrest in Mahakalapada P.S. Case No. 112 of
2016 corresponding to G.R. Case No. 816 of 2016 pending in the court of learned S.D.J.M., Ken
drapara for alleged commission of offence under Sections 341/ 323/ 325/ 294/ 506/ 436/307/34 I
PC have filed this application under Section 438 Cr.P.C. for grant of anticipatory bail in the
event of their arrest.
Learned counsel for the petitioners submits that the members of the prosecutio
n party and these petitioners belong to one family and for the incident also there is a counte
r case wherein the members of the prosecution party have been attributed with the similar role
as has been attributed to these petitioners in this case. He also contends that the injuries
are noted to be simple and there remains hardly any scope for conversion of the case to graver
offence. So in the absence of any other impediment, he urges for grant of anticipatory bail t
o these petitioners.
Learned counsel for the State opposes the move in view of the nature of allega
tion as also the offences in which the petitioners are said to have been involved.
Considering the submission and viewing the materials as placed taking into acc
ount the other attending factors and as no such other impediment stands, I am inclined to gran
t anticipatory bail to these petitioners and accordingly direct that in the event, the petitio
ners are arrested in the above noted case they shall be released on bail by the arresting offi
cer with such terms and conditions as deemed fit and proper with further condition that they w
ill not terrorize or threaten the prosecution witnesses nor will indulge in any criminal activ
ity.
ABLAPL is accordingly disposed of.
.. D. Dash, J.
Aks
1 issue framed by the court
Whether anticipatory bail should be granted in case involving allegations under Sections 341/323/325/294/506/436/307/34 IPC.
1 provisions across 1 enactments
Petitioners
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court