Premananda Nayak v. State of Orissa
Case brief
What is this about?
The single judge dismissed the application for anticipatory bail, directing the petitioner to surrender within fifteen days to seek regular bail before the same court. The order was limited to conditional directions without substantive disposal.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 2567 OF 2017
02. 21.03.2017 The petitioner having been implicated in Satyabadi P.S. Case No. 18 of
2017, corresponding to G.R. Case No. 226 of 2017 on the file of learned S.D.J.M., Puri for al
leged commission of offence under section 341/323/325/294/354 /506/34 of IPC, has filed this a
pplication for grant of anticipatory bail.
Learned counsel for the petitioner submits that there is case and counter case
for the same incident and the dispute had taken place concerning the performance of seva puja
of the village deity. According to him, the parties being in enmical terms, the F.I.R. versio
n finds mention of the exaggerated version. In view of above, when there remains least scope o
n the part of the petitioner to flee from justice and the question of tampering the evidence d
oes not arise, 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 petitioner will cooperate with the investigation.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
D. Dash, J.
// 2 //
Issues for consideration
2 issues framed by the court
Whether anticipatory bail is maintainable and what conditions should be imposed for its grant.
Whether the petitioner has any scope to flee from justice or tamper with evidence.
Parties & counsel
- applicant
Petitioner
- respondent
State of Odisha
Coram
D. Dash
Case details
As recorded by the court registry
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