The court upheld an application for anticipatory bail under Section 41 Cr.P.C. read with Arnesh Kumar guidelines, granting release on bail if arrested in the pending case due to absence of high imprisonment terms.
Anticipatory bail allowed; if arrested, petitioners to be released on bail by arresting officer on just terms.
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ABLAPL No.16461 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 498A/ 294/ 323/ 506/ 34 of the I.P.C. read with Section 4 of the D.P. Act in G.R. Case No.139 of 2019, of the court of the learned J.M.F.C., Khandapada, arising out of Khandapada P.S. Case No.75 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 villagePaikapadapatana, P.S.- Narasinghpur, in the district of Cuttack. 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.
BJ
2 issues framed by the court
Whether anticipatory bail should be granted to petitioners apprehending arrest under Sections 498A/294/323/506/34 IPC.
Whether release on bail is justified given charges not carrying imprisonment exceeding seven years and residents status.
Colour shows how this judgement treated each authority
Arnesh Kumar – vrs.- State of BiharApplied¶6
AIR 2014 SC 2756 · Who else cites this
2 provisions across 2 enactments
Petitioners
State
BJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
