Court refused anticipatory bail petition under Section 438 Cr.P.C. due to serious injury to informant and nature of accusations, but allowed consideration of bail upon surrender of petitioners with co-accused in similar situation.
Application dismissed; surrender for regular bail to be considered thereafter.
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ABLAPL No. 17442 of 2016
3. 23.2.2017 The petitioners having been implicated in Udala P.S. Case No
. 165 of 2016 corresponding to G.R. Case No. 369 of 2016 registered for alleged commission of
offence under sections 341/323/ 294/307/506/34 IPC pending in the court of learned S.D.J.M., U
dala have filed this application under Section 438 of the Cr.P.C. for grant of anticipatory ba
il.
Learned counsel for the petitioners submits that the prosecution alleg
ation is that at a time 14 to 15 persons arrived at the spot and thereafter alleged incident t
ook place. He further submits that there was prior enmity between the informant and the petiti
oner and others and for that reason this exaggerated story has been stated in the FIR.
Learned Addl. Standing Counsel as also learned counsel for the informa
nt submit that the informant was seriously injured and has sustained a number of grievous inju
ries. They vehemently oppose the move placing the manner of happening of the incident.
Considering the submission, viewing the nature of accusations and othe
r surrounding circumstances of the case including the manner in which the incident is said to
have taken place, I do not find to be a case for grant of anticipatory bail to these petitione
rs. However, it is observed that in the event the petitioners surrender before the court in s
eisin of the case and move for their release on bail, the same shall be considered on its own
merit and disposed of in accordance with law early without being influenced by this order, fur
ther taking into account the factum of release of co-accused person on bail if similarly situa
ted with the petitioners on the ground of parity as per law.
The ABLAPL stands disposed of.
Issue urgent certified copy.
.. D. Dash, J.
Aks
1 issue framed by the court
Whether anticipatory bail should be granted to petitioners implicated in an offense involving grievous injury and alleged prior enmity.
1 provisions across 1 enactments
Petitioners (implied)
Informant
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court