The High Court refused preventive anticipatory bail. It directed that the petitioner, if arrested, be released on bail after surrendering within fifteen days and applying for formal bail.
Rejected preventive anticipatory bail; directed release on future bail application if surrendered within 15 days.
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02. 24.03.2017 ABLAPL No. 3018 OF 2017
The petitioner having been implicated in Bhanjanagar P.S. Case No. 68 of 2017 corresponding to
G.R. Case No. 122 of 2017 on the file of learned S.D.J.M., Bhanjanagar for alleged commissio
n of offence under section 457/380/506 of IPC, has filed this application for grant of anticip
atory bail.
Learned counsel for the petitioner submits that here the informant is having d
ispute with his elder brother and since this petitioner being a co-villager has been supportin
g the elder brother; the case has been foisted against him. He further submits that the allega
tions leveled in the F.I.R. on their face value appear to be coloured. In view of above, when
there remains least scope on the part of the petitioner to flee from justice and the question
of tampering the evidence does not arise, he urges for grant of anticipatory bail to the petit
ioner.
Learned counsel for the informant opposes the move. According to him, this pet
ition re is time and again involved in such type of incidents.
Considering the submissions, viewing the nature of accusations of the petition
er and other surrounding circumstances of the case, in the absence of any other impediment, it
is directed that in the event the petitioner surrenders before the court in seisin of the cas
e within a period of fifteen days hence and moves for his release on bail, he be released on b
ail with such terms and conditions as would be deemed just and proper by the said court with f
urther conditions that he will not indulge in any criminal activity; will not threaten or terr
orize the prosecution witnesses; and 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.
.. D. Dash, J.
Narayan
// 2 //
2 issues framed by the court
Whether anticipatory bail can be granted subject to conditions of surrender and release by another bail application.
Whether the petitioner's predisposition to be involved in similar incidents warrants restrictions on preventive bail.
1 provisions across 1 enactments
Petitioner
Informant
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court