The Single Judge granted anticipatory bail on the condition that the petitioner surrender and apply for bail before the S.D.J.M., Balasore, within 15 days. The application was disposed of upon this direction.
The petitioner directed to surrender before S.D.J.M., Balasore and apply for bail within 15 days. Officer to release him then.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
ABLAPL No. 3126 of 2020
Heard learned counsel for the parties.
This is an application under Section 438 Cr.P.C. for anticipatory bail.
Considered the materials placed by learned counsel for the parties.
Taking into consideration the facts and submissions, factum of permanent residence of the petitioner and nature of allegation, it is directed that the petitioner shall surrender before the learned S.D.J.M., Balasore and apply for bail in connection with Balasore Town P.S. Case No. 35 of 2020 corresponding to C.T. Case No. 155 of 2020 within fifteen (15) days from today. In the event of his surrender and motion for bail, learned S.D.J.M., Balasore shall release the petitioner on bail on such terms and conditions as deemed just and proper.
The ABLAPL is accordingly disposed of.
As Lock-down period is continuing for COVID19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s official website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587 dated 25.03.2020.
………………………….
Balaram
C.R. Dash, J.
2 issues framed by the court
Whether to grant anticipatory bail directly without framing charges?
Whether to direct surrender and subsequent bail application?
1 provisions across 1 enactments
Petitioner
Balaram
C.R. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
