Itishree@Suchitra Acharya Vs State of Odisha

ABLAPL No.12552 OF 2018

19.12.2018

The petitioner having been implicated in Deogarh P.S. Case No.293 of 2017 corresponding to Special G.R. Case No.39 of 2017 on the file of learned District and Sessions Judge-cum-Judge, Special Court, Deogarh for alleged commission of offence under section 342/294/323/506/34 of the IPC read with section 3(1)(i)(r)(s) of the SC & ST (PA) Act, has filed this application under section 438 of Cr.P.C. for grant of bail in the event of his arrest in the said case.

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Learned counsel for the petitioner submits that even accepting the entire F.I.R. allegations, no case under section 3 of the SC & ST (PA) Act is prima facie made out. 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 petitioner.

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Learned counsel for the State opposes the move.

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Considering the submissions and viewing the nature of accusation against the petitioner, as well as other surrounding circumstances, while being not inclined to grant anticipatory bail to the petitioner; it is directed that in the event the petitioner surrenders before the court in seisin of the case within two weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.

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Accordingly, the ABLAPL stands disposed of.

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Issue urgent certified copy as per rules.

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��.. D. Dash, J.

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Basu

Itishree@Suchitra Acharya v. State of Odisha

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Itishree@Suchitra Acharya v. State of Odisha

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