The single judge allowed an application for anticipatory bail under Section 41 of the Cr.P.C., relying on the Arnesh Kumar judgment, as the alleged offences carried a maximum sentence of seven years and no reasonable apprehension of absconding existed.
Grant of anticipatory bail pending investigation; release on bail if arrested on just and proper terms.
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ABLAPL No.15947 of 2019
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
The petitioner is apprehending arrest for the alleged commission of offences punishable under Sections 354/ 354A/ 323/ 506/ 294/ 34 of the I.P.C. in G.R. Case No.734 of 2019, of the court of the learned J.M.F.C., Salipur, arising out of Salipur P.S. Case No.266 of 2019.
None of the offences alleged against the petitioner is prescribed with terms of imprisonment exceeding seven years. Moreover, the petitioner is a permanent resident of villageDihigoap, P.S.- Mahanga, in the district of Cuttack. Hence, there is no reasonable apprehension of his abscondance from the process of justice.
Keeping in view the mandate of Section 41 of the Cr.P.C. as amended and the ratio decided in Arnesh Kumar – vrs.- State of Bihar : reported in AIR 2014 SC 2756, the application for anticipatory bail is allowed. In the event of his arrest in the aforesaid case, the petitioner shall be released on bail by the Arresting Officer on such terms and conditions as deemed just and proper by him/her.
The ABLAPL is disposed of.
Urgent certified copy of this order be granted on proper application.
…………………….. S. K. Mishra, J.
BJ
1 issue framed by the court
Whether anticipatory bail should be granted in offences punishable with imprisonment up to seven years where there is no apprehension of absconding.
Colour shows how this judgement treated each authority
Arnesh Kumar – vrs.- State of BiharRelied on¶6
AIR 2014 SC 2756 · Who else cites this
1 provisions across 1 enactments
The Petitioner
State of Odisha
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
