Karunakar Nayak v. State of Odisha
Case brief
What is this about?
Single bench order allowing anticipatory bail to petitioners facing Dhamnagar P.S. Case No.31/2017 involving IPC Sections 147/148/353/332/294/452/506/379/427/171-C/149/135, citing Arunesh Kumar.
What the court decided
A compact analysis
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.8882 OF 2018
2 02.7.2018. Heard learned counsel for the petitioners and learned Addl. Government Advocate for the State.
- The petitioners are apprehending arrest for the alleged commission of offences under Sections 147/148/353/332/294/452/ 506/379/427/171-C/149/135 of the I.P.C. in G.R. Case No.69/2017 of the court of learned J.M.F.C., Dhamnagar arising out of Dhamnagar P.S. Case No.31/2017. The petitioners have not been named in the F.I.R. None of the offences alleged to have been committed by the petitioners are punishable with terms of imprisonment exceeding seven years. The petitioners are a permanent resident of Village-Mahural, P.S.- Dhamnagar in the district of Bhadrak. 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.
- Keeping in view the aforesaid consideration, the facts of the case and the ratio decided in the case of A rnesh Kumar v. State
of Bihar & Anr.; (2014)58 OCR (SC)-999; this Court is inclined to grant anticipatory bail to the petitioners. Accordingly, the anticipatory bail application of the petitioners is allowed. On the event of their arrest, they shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him in the aforesaid case.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
Issues for consideration
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioners under Sections 147/148/353/332/294/452/506/379/427/171-C/149/135 of the I.P.C.
Parties & counsel
- petitioner
The Petitioners
- respondent
The State
Coram
S.K. Mishra
Case details
As recorded by the court registry
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