Petitioner filed ABLAPL for anticipatory bail in CT Case under sections 498-A/302/34 IPC. Court declined anticipatory bail. Petitioner offered to surrender within 15 days for bail consideration.
Application dismissed. Petitioner advised to surrender within 15 days for subsequent bail consideration.
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ABLAPL No.13943 of 2020
The matter is taken up through video conferencing.
The petitioner having been implicated in C.T. Case No.773 of 2020 arising out of Bhograi P.S. Case No. 227 of 2020 registered for alleged commission of offence under sections 498-A/302/34 IPC pending in the court of learned J.M.F.C., Jaleswar has filed this application for grant of anticipatory bail.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions and viewing the materials on record as also other surrounding circumstances, while being not inclined to grant of anticipatory bail to the petitioner, this application is disposed of with the observation that in the event the petitioner surrenders before the court in seisin of the aforesaid case within a period of fifteen days hence and moves for his release on bail, the same shall be considered on its own merit and disposed of early in accordance with law, so as to enable the petitioner to approach the next higher forum early in case necessity so arises. The case record be made available at the cost of the petitioner.
The ABLAPL is disposed of accordingly.
…………………..
D. Dash,J.
Aks
3 issues framed by the court
Whether the petitioner is entitled to grant of anticipatory bail in the present facts and circumstances?
Whether the petitioner would be eligible for consideration of bail if he surrenders within the stipulated period?
Whether the custody of the case record shall be on the applicant for facilitating approach to higher forums?
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
