This order grants anticipatory bail to petitioners facing charges under various IPC sections in a G.R. case. The court found bail nature issues and lack of antecedents justified the relief.
Anticipatory bail allowed; direction issued to release on bail if arrested on such terms as Arresting Officer deems just.
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ABLAPL No. 16384 of 2016
15.03.2017 Heard learned counsel for the petitioners and learned Addl. Standing Counsel.
The petitioners are apprehending arrest for the alleged commission of offences under S
ections 143, 457, 323, 325, 506 and 354/149 of the I.P.C. in G.R. Case No. 246 of 2016 of the
court of S.D.J.M., Biramaharajpur, arising out of Biramaharajpur P.S. Case No.106 of 2016. Hen
ce, they filed this application under Section 438 of the Cr.P.C.
It is submitted by the learned counsel for the petitioners that if the injured has sus
tained any grievous injury, at best an offence under Section 325 of the I.P.C. can be made out
against the petitioners in this case. However, offence under Section 325 of the I.P.C. is bai
lable in nature. Offences under Sections 143 and 323 are bailable in nature. Offences under Se
ctions 457, 506 and 354 of the I.P.C. are though non-bailable are punishable with terms of imp
risonment not exceeding seven years. No criminal antecedents are reported against the petition
ers.
Keeping in view the aforesaid consideration, facts of the case and the fact that the p
etitioners are permanent residents of different villages under Biramaharajpur P.S. of Sonepur
district and there is no reasonable apprehension of their absconding from justice, the applica
tion for anticipatory bail is allowed. Moreover, there is no allegation that the petitioners w
ill tamper with the prosecution evidence if they are released on bail. It is directed that on
the event of arrest, the petitioners shall be released on bail on such terms and conditions as
deemed just and proper by the Arresting Officer.
The ABLAPL is accordingly disposed of.JS Urgent certified copy of this order be granted on proper application.S.K.Mishra,J.
2
1 issue framed by the court
Whether the petitioners have a reasonable apprehension of arrest warrant issuance requiring anticipatory bail relief.
2 provisions across 2 enactments
petitioners
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court