Bijay Nayak v. State of Orissa
Case brief
What is this about?
The court dismissed this application for anticipatory bail under Section 438 Cr.P.C. dated 03.05.2018. Upon hearing submissions regarding the nature of injuries and the heritage of dispute, the court directed that bail would be granted if the petitioner surrenders within two weeks.
What did the court decide?
A direction was passed that the applicants shall be released on bail if they surrender within two weeks.
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. 9574 OF 2017
- 05.05.2018 The petitioners having been implicated in Banpur P.S. Case No. 155 of 2017 corresponding to G.R. Case No. 236 of 2017 on the file of learned J.M.F.C., Banpur for alleged commission of offence under sections 341/294/325/ 307/ 506/34 IPC have filed this application under section 438 of Cr.P.C. for grant of bail in the event of their arrest in the said case.
Learned counsel for the petitioners submits that these petitioners are not the author of the injuries said to have been caused on the head of the injured and the nature of that injuries are found to be simple. He further submits that because of the long standing dispute, this case has been foisted against these petitioners. Therefore, he urges for grant of anticipatory bail to these petitioners.
Learned Additional Standing Counsel fairly submits that in the FIR these petitioners are not attributed in any role to have assaulted the head of the inujured.
Considering the submissions made and keeping in view the nature of allegations made against these petitioners, as well as the surrounding circumstances, it is directed that in the event the petitioners surrender before the court in seisin of the case within two weeks hence, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
……………………..
Issues for consideration
1 issue framed by the court
Whether to grant anticipatory bail to an applicant implicated in an FIR alleging offences under sections 341, 294, 325, 307, 506 and 34 IPC.
Parties & counsel
- applicant
Petitioners
- respondent
State
Coram
D. Dash
Case details
As recorded by the court registry
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