Single judge dealt with an application for anticipatory bail filed by a person accused of theft under IPC. Court directed that in event the petitioner surrenders within fifteen days he shall be released on bail.
Petitioner to surrender within fifteen days for release on bail contingent on cooperation with investigation.
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ABLAPL No. 17846 OF 2016
03. 16.01.2017 The petitioner having been implicated in Paradeep P.S. Case No. 254 of
2012, corresponding to G.R. Case No. 1138 of 2012 on the file of learned J.M.F.C.(P), Kujang
for alleged commission of offence under section 379/34 of IPC, has filed this application for
grant of anticipatory bail.
Learned counsel for the petitioner submits that the material against the petit
ioner is statement of the co-accused who is driver of the vehicle in question which whas been
as said to be carrying the stolen materials. He contends that the petitioner although has been
portrayed as the helper of the vehicle, in fact he is a labourer. He further contends that in
the meantime that driver has already been released on bail. Therefore, he urges for grant of
anticipatory bail to the petitioner.
Learned Addl. Standing Counsel opposes the move.
Considering the submissions, viewing the nature of accusations against the pet
itioner and other surrounding circumstances of the case, in the absence of any other impedimen
t, it is directed that in the event the petitioner surrenders before the court in seisin of th
e case within fifteen days hence and moves for his release on bail, he be released on bail wit
h such terms and conditions as would be deemed just and proper by the said court with further
condition that he will cooperate with the investigation as and when required.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
Narayan
..
D. Dash, J.
// 2 //
1 issue framed by the court
Whether the petitioners application for anticipatory bail under section 438 CrPC should be allowed considering the nature of the accusation and absence of impediments.
1 provisions across 1 enactments
petitioner
D. Dash
As recorded by the court registry
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