Single judge granted anticipatory bail to petitioners in a case involving communal disturbances and alleged assault under IPC and SC/ST Act, subject to standard conditions regarding interrogation and tampering.
Directing release on bail on furnishing bond of Rs.5,000 each with two sureties for like amount and making themselves available for interrogation.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No.14320 of 2018
This is an application under Section 438, Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Bhuban P.S.Case No.197 of 2018 corresponding to G.R. Case No.197 of 2018 pending in the Court of learned J.M.F.C., Bhuban for alleged commission of offences under sections 147, 148, 307, 337, 427, 323, 294, 341, 506, 429, 452 and 149 of the Indian Penal Code and sections 3(1)(r), 3(1)(s) and 3(2)(va) of the S.C. & S.T.(P.A.) Act.
Considering the submissions made by the learned counsel for the petitioners that it is a case and counter case and there is no specific accusation against the petitioners and the offence under section 307 of the Indian Penal Code is not attracted and after hearing the learned counsel for the State, 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.5,000/-(Rupees five thousand) each with two sureties each for the like amount to the satisfaction of the arresting officer with further 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, 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.
Issue urgent certified copy as per Rules.
PKSahoo
S.K.Sahoo,J.
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners in connection with alleged offences under IPC and SC/ST (P.A.) Act.
Whether the offence under section 307 of the IPC attracts the case given it is a counter case with no specific accusation.
3 provisions across 3 enactments
Petitioners
State
S.K.Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
