In ABLAPL No.16930 of 2016, the Single Judge allowed the application for anticipatory bail for the petitioner, who was apprehending arrest in the case of offences under Sections 420, 468, 469 and 471/34 of the IPC.
The application was allowed; the petitioner shall be released on bail if arrested.
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ABLAPL No. 16930 of 2016
10.03.2017 Heard learned counsel for the petitioner and learned Addl. Government Advocate
The petitioner is apprehending arrest for the alleged commission of offences u
nder Sections 420, 468, 469 and 471/34 of the IPC in G.R. Case No.1306/2010 of the court of le
arned SDJM, Angul, arising out of Angul P.S. Case No.512/2010.
The co-accused has been admitted to anticipatory bail as per the orders passed
by this Court on 11.01.2011 in BLAPL No.436/2011 and 27.04.2016 in ABLAPL No.5070/2016. No cr
iminal antecedent is reported against the petitioner. The case of the present petitioner stand
s better footing in the sense that he has been implicated by confessional statement of a co-ac
cused person before a police officer but not in the immediate presence of a Magistrate. Moreov
er, none of the offences allegedly committed by the petitioner is punishable with a term of im
prisonment exceeding seven years. The petitioner is a permanent resident of Patrapada, P.S. Ch
hendipada, Dist.Angul, which precludes any chance of his absconding from justice. There is no
allegation 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 his ar
rest in the aforesaid case, the petitioner shall be released on bail by the arresting officer
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.2
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 CrPC in G.R. Case No.1306/2010.
The Petitioner
The Addl. Government Advocate
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court