This judgment grants anticipatory bail to petitioners facing arrests under IPC Sections 341, 323, 307, and 294/34. The court relied on their injury being simple, lack of criminal antecedents, residency, and no risk of absconding or evidence tampering.
ABLAPL allowed; petitioners to be released on bail by arresting officer if arrested.
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ABLAPL No. 16909 of 2016
10.03.2017 Heard learned counsel for the petitioners and learned Addl. Government Advocat
e.
The petitioners are apprehending arrest for the alleged commission of offences
under Sections 341, 323, 307, 294/34 of the IPC in G.R. Case No. 383/2016 of the court of lea
rned SDJM, Balliguda, arising out of Balliguda P.S. Case No.146/2016.
The injury sustained by the injured is simple in nature. No criminal anteceden
t is reported against the petitioners. They are permanent residents of Aribali, P.S. Balliguda
, Dist.Kandhamal, which precludes any chance of their absconding from justice. There is no all
egation that the petitioners shall tamper with the prosecution evidence if released on bail.
Considering the aforesaid facts, the ABLAPL is allowed. In the event of their
arrest in the aforesaid case, the petitioners shall be released on bail by the arresting offic
er on such terms 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.
2
1 issue framed by the court
Whether to grant anticipatory bail to petitioners apprehending arrest IPC Sections 341, 323, 307, 294/34.
Petitioners
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court