Application for anticipatory bail dismissed with direction to surrender before J.M.F.C., Nimapara and move for bail within 15 days regarding ICC Case No.02 of 2018, noting opposition's absence.
Direction to surrender before J.M.F.C., Nimapara and apply for bail in ICC Case No.02 of 2018 within 15 days.
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ABLAPL No.10153 of 2019
This is an application under Section 438
Cr.P.C.
Notice has been returned from Opposite Party No.2 after valid service. Inspite of sufficiency of notice, none has appeared for Opposite Party No.2.
Considered the materials placed by learned counsel for the parties, including the contest in the contempt petition.
Taking into consideration the facts and submissions, factum of permanent residence of the petitioners and nature of allegation, it is directed that the petitioners shall surrender before the learned J.M.F.C., Nimapara and apply for bail in connection with ICC Case No.02 of 2018 within 15 (fifteen) days from today. In the event of their surrender and motion for bail, learned J.M.F.C., Nimapara shall release each of the petitioners on bail on such terms and conditions as deemed just and proper.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted as per rules.
………………………….
Murmu
C.R. Dash, J.
2 issues framed by the court
Whether anti-deprivation direction to surrender on bail is maintainable.
Whether establishment of facts and allegations renders application sufficient.
1 provisions across 1 enactments
Petitioners
Opposite Party No.2
Opposite Party No.1
The State
Murmu
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
