This judgment grants anticipatory bail to the petitioners, who face multiple IPC offences carrying sentences up to seven years. The Court applied the Arnesh Kumar ratio, finding no risk of absconding or evidence tampering.
Application for anticipatory bail allowed; petitioners to be released on bail if arrested, subject to terms and conditions.
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ABLAPL No.16459 of 2019
Heard learned counsel for the petitioners and the learned Additional Standing Counsel for the State.
The petitioners are apprehending arrest for the alleged commission of offences punishable under Sections 341/ 323/ 294/ 354/ 354B/ 506/ 147/ 149 of the I.P.C. in G.R. Case No.1548 of 2019, of the court of the learned S.D.J.M., Kendrapara, arising out of Marsaghai P.S. Case No.246 of 2019.
None of the offences alleged against the petitioners is prescribed with terms of imprisonment exceeding seven years. Moreover, the petitioners are permanent residents of villagePatalipanka, P.S.- Marsaghai, in the district of Kendrapara. Hence, there is no reasonable apprehension of their absconding from the process of justice. There is also no allegation on behalf of the prosecution that the petitioners shall tamper the prosecution evidence, if they are released on bail.
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, application for anticipatory bail is allowed. In the event of their arrest in the aforesaid case, the petitioners 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
2 issues framed by the court
Whether anticipatory bail should be granted in the present case.
Whether a reasonable apprehension of absconding or tampering with evidence exists to deny bail under Section 41 CrPC.
Colour shows how this judgement treated each authority
Arnesh Kumar – vrs.- State of BiharFollowed¶6
AIR 2014 SC 2756 · Who else cites this
2 provisions across 2 enactments
The Petitioners
The State
S. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
