Application for anticipatory bail under Section 438 Cr.P.C. was disposed of by directing the petitioner to surrender before the J.M.F.C. (City), Cuttack to seek regular bail within fifteen days.
Directed petitioner to surrender before J.M.F.C. (City), Cuttack and apply for bail within fifteen days.
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ABLAPL No. 9878 of 2019
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
Considered the materials placed by learned counsel for the parties including the statement of the victim recorded under Section 164 Cr.P.C.
Regard being had to the facts and submissions, factum of permanent residence of the petitioner and nature of allegation against him, it is directed that the petitioner shall surrender before the learned J.M.F.C.(City), Cuttack and apply for bail in connection with Madhupatna P.S. Case No.72 of 2019 corresponding to G.R. Case No.1016 of 2019 within fifteen (15) days from today. In the event of his surrender and motion for bail, learned J.M.F.C.(City), Cuttack shall release the petitioner 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.
………………………….
Balaram
C.R. Dash, J.
1 issue framed by the court
Whether anticipatory bail application can be allowed by directing surrender for regular bail application instead.
1 provisions across 1 enactments
Petitioner
State
C. R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
