The Court granted anticipatory bail to the petitioners in a case involving offences under Sections 498-A, 323, 294, and 506/34 of the IPC read with Section 4 of the Domestic Violence Act.
Application for anticipatory bail is allowed. Arrested petitioners to be released on bail by the arresting officer on terms to be determined by him.
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ABLAPL No.16193 of 2016
03.03.2017 Heard learned counsel for the petitioners and learned Additional Stand
ing Counsel for the State.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 498-A, 323, 294 and 506/34 of the IPC read with Section 4 of the D.P. Act in G
.R. Case No.1748 of 2016 of the court of learned S.D.J.M., Bhadrak, arising out of Agarpada P.
S. Case No.105 of 2016.
No criminal antecedent is reported against the present petitioners. The injury
sustained by the injured is simple in nature. None of the offences alleged to have been commi
tted by the petitioners are punishable with a term of imprisonment exceeding seven years. The
petitioners are permanent residents of village Banktira, P.S-Agarpada, Dist.-Bhadrak and there
is no chance of their absconding from justice. There is no allegation on behalf of the State
that the petitioners will tamper with the prosecution evidence, if they are released on bail.
Keeping in view the aforesaid consideration, facts of the case and nature of a
llegations, application for anticipatory bail is allowed. In the event of arrest of the petiti
oners in the aforesaid case, they shall be released on bail by the arresting officer on such t
erms and conditions as deemed just and proper by him.
The ABLAPL is disposed of accordingly.
Urgent certified copy of this order be granted as per rules.
S.K. Mishra, J.
3
2 issues framed by the court
Whether the petitioners are entitled to anticipatory bail in the alleged offences under Sections 498-A, 323, 294 and 506/34 of the IPC.
Whether the facts and nature of allegations justify granting anticipatory bail to the petitioners.
2 provisions across 2 enactments
The Petitioners
The State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court