This order grants anticipatory bail to the petitioners in a case alleging theft under section 380 IPC. The court, noting co-accused release and the offence's trial by Magistrate, directed bail upon arrest with monetary conditions.
Grant of anticipatory bail on furnishing bail bond of Rs. 20,000 with two sureties each for the like amount.
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ABLAPL No. 7901 of 2017
02. 01.006.2017 Heard learned counsel for the petitioners and learned
counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipa
tory bail to the petitioners in connection with Air Field P.S. Case No. 81 of 2017 correspondi
ng to C.T. Case No. 1223 of 2017 pending in the Court of learned S.D.J.M., Bhubaneswar for all
eged commission of offence under section 380 of the Indian Penal Code.
Perused the FIR.
Learned counsel for the petitioners submits that basing on the confess
ional statement of the co-accused, the petitioners have been falsely implicated in the case an
d the co-accused has already been granted bail. He further submits that the offence is triable
by the Magistrate and therefore, the anticipatory bail application of the petitioners may fav
ourably considered.
Learned counsel for the State opposed the prayer for anticipatory bail.
Considering the submissions made by the respective parties, release of the co-accused
on bail and the fact that the offence is triable by Magistrate, I am inclined to release the p
etitioners on anticipatory bail and accordingly, this Court directs that in the event of arres
t of the petitioners in connection with the aforesaid case, they shall be released on bail on
furnishing bail bond of Rs.20,000/- (Rupees twenty thousand) each with two
sureties each for the like amount to the satisfaction of the arresting officer with fur
ther conditions that they shall make themselves available for interrogation by the I.O.
as and when required and they shall not directly or indirectly make any inducement, th
reat or promise to any person acquainted with the facts of the case so as to dissuade him from
disclosing any facts to the Courts or to the investigating Officer.
Violation of any of the above conditions shall entail cancellation of bail.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order is granted on proper application.
S.K. Sahoo, J. (Vacation
Judge)
k
- 2 -
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners in connection with an alleged offence under section 380 IPC.
2 provisions across 2 enactments
ABLAPl No. 7901 of 2017 Petitioners
State
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court