Court declined to grant anticipatory bail under Cr.P.C. s. 438 in a criminal trial case involving allegations under IPC ss. 498A/304-B/302/34 read with D.P. Act. Petitioner directed to apply for regular bail upon surrender within two weeks.
Anticipatory bail refused; regular bail to be considered if surrendered within two weeks.
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ABLAPL No.9684 OF 2018
The petitioners having been implicated in Dhusuri P.S. Case No.100 of 2018 corresponding to G.R. Case No.198 of 2018 on the file of learned J.M.F.C., Dhamnagar for alleged commission of offence under sections 498A/304-B/302/34 of IPC read with section 4 of D.P. Act, have filed this application under section 438 of Cr.P.C. for grant of bail in the event of his arrest in the said case.
Heard learned counsel for the petitioners and learned counsel for the State.
Considering the submissions made and keeping in view the nature allegations made against the petitioners, while being not inclined to grant anticipatory bail, it is directed that in the event the petitioners surrender before the Court in seisin of the case within two weeks hence and move for bail, the same shall be considered on its own merit and disposed of early in accordance with law without being influenced by this Court’s order.
The ABLAPL is accordingly disposed of.
Issue urgent certified copy as per rules.
……………………..
D. Dash, J.
Basu
1 issue framed by the court
Whether to grant anticipatory bail in the present case.
1 provisions across 1 enactments
Petitioners
State
Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
