In this anticipatory bail application, the petitioner apprehending arrest in a rape case was directed to surrender and apply for bail before the SDJM within 15 days, with the executing court mandated to release him on bail thereafter.
Directed to surrender and apply for bail within 15 days; SDJM to release on bail upon surrender and motion.
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ABLAPL No.1711 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 G.R. Case No.1630 of 2012 arising out of Angul P.S. Case No.621 of 2012 for the offence U/s.366/34 of the IPC pending in the court of learned SDJM, Angul.
Heard learned counsel for the petitioner and learned Addl. Govt. Advocate.
On filing of the charge-sheet, learned SDJM, Angul on 25.02.2014 had taken cognizance U/s.366 of the IPC and issued NBW against the accused-petitioner.
Learned counsel for the petitioner submits that the petitioner has already married the informant’s daughter and both have been blessed with two children.
Taking into consideration the facts and submissions, factum of permanent residence of the petitioner, nature of allegation and absence of record of past criminal antecedent against him, it is directed that the petitioner shall surrender before the learned SDJM, Angul and apply for bail in the aforesaid case within 15 (fifteen) days from today. On his surrender and motion for bail, learned SDJM, Angul 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 on proper application.
Dr. A.K. Mishra, J.
RJ
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1 issue framed by the court
Whether to grant anticipatory bail to the petitioner apprehending arrest in a rape case.
2 provisions across 2 enactments
Petitioner
Dr. A.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
