This statutory application for anticipatory bail was dismissed as the court was not inclined to grant relief in view of the gravity of the allegations, including conduct involving minor, under the Indian Penal Code.
The application under Section 438 Cr.P.C. was dismissed.
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ABLAPL No.1709 of 2020
2. 19.2.2020
This application under Section 438 Cr.P.C. has been made on 4.02.2020 by the petitioner apprehending arrest in connection with Golmunda P.S. Case No.48 of 2019 corresponding to C.T. Case No.162 of 2019 for the offence under Sections 366/109 of the IPC of the IPC in the court of learned SDJM, Dharamgarh.
Heard learned counsel for the petitioner and learned Addl. Govt. Advocate.
It is submitted that charge-sheet has been submitted U/s.366/376 (2)(n)/109 of the IPC. Regard being had to the provision of 438(4) of the Cr.P.C. and the gravity of allegation, I am not inclined to grant anticipatory bail to the petitioner.
Accordingly, the ABLAPL is dismissed.
Dr. A.K. Mishra, J.
RJ
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3 issues framed by the court
Whether anticipatory bail should be granted in a case involving offences under Sections 366 and 109 IPC.
Whether the gravity of the allegations under Section 376 IPC warrants denial of anticipatory bail.
How to apply proviso 438(4) of Cr.P.C. to the facts of the case.
3 provisions across 2 enactments
Petitioner
State
A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
