Single judge granted anticipatory bail to the petitioner in the event of surrender within 15 days, subject to further terms, noting his absence from the FIR and release of co-accused.
Directed to grant bail on surrender within 15 days upon further terms and conditions to be fixed by the court.
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ABLAPL No. 3039 of 2017
2. 24.3.2017 The petitioner having been implicated in G.R. Case No. 94 of 2009 ar
ising out of Odagaon P.S. Case No. 22 of 2009 registered for alleged commission of offence und
er section 147/148/354/436/506/149 IPC pending in the court of learned J.M.F.C., Odagaon has f
iled this application under section 438 of the Cr.P.C. for grant of anticipatory bail.
Learned counsel for the petitioner submits that the name of this petitioner wa
s not in the FIR and only his name has been given in the charge sheet. According to him the pe
titioner came to know being chased by the police that NBW issued has been against him in the s
aid case. He also submits that in this case the accused persons whose name find place in the F
IR have already been released on bail by order of this Court on their surrendering in the cour
t below. In view of above, he urges for grant of bail in the evident of his arrest on the stre
ngth of NBW issued in the above noted case as no such direct role is attributed to this petiti
oner in the alleged incident.
Learned Addl. Standing Counsel does not refute the factum of release of co-acc
used persons on bail whose name find place in the FIR. However, he vehemently opposes the move
in view of the conduct of the petitioner.
Considering the submission, viewing the nature of accusations and other surro
unding 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 case within a period
of fifteen days hence and moves for his release on bail, he be released on bail on such terms
and conditions as would be deemed just and proper by the said court.
The ABLAPL stands disposed of.
D. Dash, J.
1 issue framed by the court
Whether to grant anticipatory bail to the petitioner who was not in the FIR but named in the charge sheet and whose co-accused have been released on bail.
2 provisions across 2 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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