The petitioner sought anticipatory bail under section 438 Cr.P.C. for alleged offences under IPC 376(1)/506 and SC/ST Act. Finding no change in circumstances after the previous refusal on 8.2.2019, the court dismissed the application.
Application for anticipatory bail dismissed; no change in circumstances found.
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ABLAPL No.7290 of 2019
05. 19.11.2019
The petitioner, by filing this application under section 438 Cr.P.C, has made his second journey to this Court in renewing his prayer for grant of anticipatory bail in connection with Kamarda P.S. Case No.84 of 2018 corresponding to Special G.R. Case No.139 of 2018 registered for alleged commission of offence under sections 376(I)/506 of the IPC and section 3(1)(r)(s) of SC and ST (PA) Act pending in the court of the learned Sessions Judge-cum-Special Judge (POA), Balasore after it has been refused by order passed by this court on 8.2.2019 in ABLAPL No.16719 of 2018.
Heard learned counsel for the petitioner and the learned State counsel.
Considering the submissions made and on going through the materials on record, this Court, finding no such change in the circumstances, is not inclined to accept the prayer, as has been made in the application.
Accordingly, the ABLAPL is dismissed.
��������.. D. Dash, J.
Basu
2 issues framed by the court
Whether the petitioner is entitled to a second-order for anticipatory bail given no change in circumstances
Whether the prayer for renewing anticipatory bail under section 438 Cr.P.C. is accepted
3 provisions across 3 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
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