Sk.Sababuddin Vs State of Orissa

ABLAPL No. 20465 of 2017

01.12.2018 Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State.

Petitioners are apprehending arrest for the alleged commission of offence under Sections 147/148/294/336/337/ 307/506/149 of the I.P.C. in C.T. Case No.704/2016 of the court of learned J.M.F.C., Soro arising out of Soro P.S. Case No.355/2016.

The injury sustained by the injured is simple in nature. No criminal antecedent is reported against the present petitioners in the sense that no other criminal cases are pending against them for the period which relates back to the recent riots at Soro. It is further evident from record that two different political groups pelted stones with each other. This Court is of the opinion that offence under Section 307 of the I.P.C. is not made out against the present petitioners. It is further noted that the petitioners are a permanent resident of VillageChhatrapur, P.S.- Soro in the district of Balasore. Hence there is no chance of their absconding from justice. There is no allegation on behalf of the prosecution that the petitioners will tamper the prosecution evidence, if they are released on bail. 4. Keeping in view the aforesaid consideration, nature of the allegations made and the facts of the case, application for anticipatory bail is allowed. In the event of arrest of the petitioners in the aforesaid case, they shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him.

The ABLAPL is disposed of.

Issue urgent certified copy as per rules.

Asok

¶8

Dr.B.R.Sarangi,J.

Sk.Sababuddin v. State of Orissa