Petitioner sought anticipatory bail alleging wrong charge implications. Bench directed surrender to S.D.J.M., Boudh within two weeks, with promise of bail on just terms.
Directs petitioner to surrender before S.D.J.M., Boudh within two weeks; petitioner to be released on bail on terms deemed just by said court.
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ABLAPL No.13086 of 2018
Learned counsel for the petitioner submits that when the case record reveals that the offences for which the case has been registered are under section 341/294/323/506/379 of the IPC, perhaps at the initial stage, it has been wrongly mentioned for offence under section 394 of the IPC. In support of his submission, he files the copy of the statement of Harihara Pradhan as also the seizure list in Court today, which are taken on record. In view of the above, he urges for grant of anticipatory bail to the petitioner.
Learned State counsel opposes the move.
Considering the submissions and viewing the nature of accusations against the petitioner as well as other surrounding circumstances, it is directed that in the event petitioner surrenders before the court in seisin of the case in connection with Baunsuni P.S. Case No.91 of 2018 corresponding to C.T. Case No.440 of 2018 pending on the file of the learned S.D.J.M., Boudh 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.
The ABLAPL is disposed of.
Issue urgent certified copy as per rules.
D. Dash, J.
Basu
2 issues framed by the court
Whether the petitioner is eligible for grant of anticipatory bail.
Whether the court should direct surrender before the S.D.J.M. for release on bail.
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
