Allowed

Subash Badnayak v. State of Odisha

Orissa HC19 Dec 2018ABLAPL/14657/2018

Case brief

AI extract

What is this about?

The Single Judge granted anticipatory bail to petitioners facing charges under sections 323/294/506/34 IPC. The court directed that upon arrest, they shall be released on a bail bond of Rs.5,000 each with two sureties, subject to conditions of availability for interrogation and non-interference with witnesses.

What did the court decide?

Direction to release petitioners on anticipatory bail upon arrest upon furnishing bond of Rs.5,000 each with two sureties and undertaking conditions.

Subash Badnayak Vs State of Odisha — Anticipatory Bail | Orissa HC (2018)

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ABLAPL No.14657 of 2018

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19.12.2018 Heard learned counsel for the petitioners and learned counsel for the State.

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This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioners in connection with Malkangiri P.S.Case No.68 of 2018 corresponding to G.R. Case No.193 of 2018 pending in the Court of learned S.D.J.M., Malkangiri for alleged commission of offences under sections 341/294/506/34 of the Indian Penal Code.

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Learned counsel for the petitioners submitted that though the case was registered under sections 302/201 of the Indian Penal Code. After conclusion of investigation, charge sheet was submitted against co-accused persons namely, Jayasingh Gunde and Gopi Gunde under sections 302/201/34 of the Indian Penal Code but the petitioners were charge sheeted under sections 323/294/506/34 of the Indian Penal Code and the charge sheet reveals that they were served notice under section 41-A of Cr.P.C. It is further contended that in view of the nature of accusation as per charge sheet, the petitioners may be granted anticipatory bail. He has annexed copy of the charge sheet to the bail application.

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Learned counsel for the State opposed the prayer for bail.

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Considering the submissions made by the learned counsels for the respective parties, the nature of accusation against the petitioners and the fact that the petitioners have been charge sheeted under sections 323/294/506/34 of the Indian Penal Code, 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

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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.

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sisir

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S.K.Sahoo,J.

Subash Badnayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

Subash Badnayak v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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