Single judge allowed anticipatory bail application to petitioners suspecting foisting of charges arising from a matrimonial dispute. Bail granted subject to conditions including surety and non-interference.
Petitioners to be released on bail upon arrest by furnishing bond of Rs. 20,000 each with two solvent sureties.
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ABLAPL No.7980 of 2017
01.06.2017 It is stated by the learned counsel for the petitioners that the village name
of the petitioners nos.1 and 2 has been incorrectly mentioned in the cause title and he may be
permitted to correct the same.
Permission is granted.
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 anticipatory bai
l to the petitioners in connection with G.R. Case No. 426 of 2017 arising out of Rasgovindpur
P.S. Case No. 40 of 2017 pending in the Court of learned S.D.J.M., Baripada for alleged commis
sion of offences under sections 498-A/506/323/34 of the Indian Penal Code and section 4 of the
D. P. Act.
Perused the FIR.
Learned counsel for the petitioners submits that due to matrimonial dispute be
tween the parties, the case has been foisted and the offences are triable by Magistrate and th
erefore, the anticipatory bail application may be favourably considered.
Learned counsel for the State opposes the prayer for bail.
Considering the submissions of learned counsels for the respective parties, th
e nature of accusation against the petitioners and the fact that the offences are triable by M
agistrate, I am inclined to release the petitioners on anticipatory bail and accordingly, this
Court directs that in the event of arrest 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 th
ousand) each with two solvent sureties each for the like
amount to the satisfaction of the arresting officer with further conditions that they shall ma
ke themselves available for interrogation by the I.O. as and when required and they shall not,
directly or indirectly, make any inducement, threat 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.
2
1 issue framed by the court
Whether to grant anticipatory bail in a matrimonial dispute alleging offences triable by a Magistrate under Sections 498-A, 506, 323, 34 IPC and Section 4 of the D.P. Act.
3 provisions across 3 enactments
Petitioners (Nos. 1 and 2)
The State
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court