The High Court granted anticipatory bail to the petitioner under Section 438 Cr.P.C. in connection with Tihidi P.S. Case No. 116 of 2018, subject to the condition that the order is ineffective if there is a record of past criminal antecedents.
Petitioner to be released on bail by the Arresting Officer in the event of arrest, subject to conditions.
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ABLAPL No. 6043 of 2018
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
Perused the copy of the F.I.R attached to the ABLAPL petition.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the facts and submissions, factum of permanent residence of the petitioner and nature of allegation, it is directed that the petitioner shall be released on bail by the Arresting Officer in the event of his arrest, on such terms and conditions as deemed just and proper, in connection with Tihidi P.S. Case No. 116 of 2018 corresponding to G.R. Case No.588 of 2018 pending in the Court of learned S.D.J.M., Bhadrak.
This order shall not be effective, if there is any record of past criminal antecedent against the petitioner.
The ABLAPL is accordingly disposed of. Urgent certified copy of this order be granted as per rules.
Balaram
………………………….
C.R. Dash, J.
1 issue framed by the court
Whether the petitioner is entitled to anticipatory bail under Section 438 Cr.P.C.
1 provisions across 1 enactments
Petitioner
State
C. R. Dash
As recorded by the court registry
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