This single-judge order grants anticipatory bail to family members of the principal accused in a POCSO and IPC 376 case, allowing release upon arrest on terms and conditions.
Each petitioner released on bail upon arrest by Arresting Officer from Baripada Sadar P.S. corresponding to Baripada S.D.J.M. case pending.
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ABLAPL NO. 5715 of 2017
02. 10.05.2017
Heard.
This is an application U/S. 438 Cr. P.C.
Perused the copy of the F.I.R. attached to the ABLAPL petition.
The petitioners are family members of the principal accused Raju Hembram, aga
inst whom the offence punishable U/S. 376 (2) (i) (n) IPC read with Sections- 4 & 6 of the POC
SO Act is made out.
So far as the present petitioners are concerned, it is fairly submitted at the
Bar that, the allegation is at the fringe.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the facts and submissions, nature of allegations, fa
ctum of permanent residence of the petitioners, it is directed that each of the petitioners sh
all be released on bail, in the event of their arrest by the Arresting Officer, on such terms
and conditions as deemed just and proper in connection with Baripada Sadar P.S. Case No.0032 o
f 2017 corresponding to G.R. Case No.483 of 2017 pending in the court of the learned S.D.J.M.,
Baripada.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
Subha C.R. Dash, J.
Subha
1 issue framed by the court
Whether the petitioners are eligible for anticipatory bail given the nature of allegations and their permanent residence.
3 provisions across 3 enactments
Raju Hembram's family members
State
Subha C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court