Single judge order holding that an anticipatory bail application under Section 438 Cr.P.C. for alleged involvement in Section 363 IPC is not maintainable as the offence is bailable in nature. The application was disposed of accordingly.
Application disposed of as not maintainable.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.682 of 2023
Kabita Nayak …. Petitioner Mr. Suchismita Sarangi, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. S. Patra, ASC
CORAM: JUSTICE CHITTARANJAN DASH
ORDER
Order No. 16.02.2023
02. 1. Heard learned counsel for the Petitioner and the State.
2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in apprehension of arrest for her alleged involvement in the offences U/s.363 of IPC.
3. Having regard to the nature of allegation, the offence is bailable in nature. The bail application is not maintainable. Accordingly, the ABLAPL is disposed of as not maintainable.
(Chittaranjan Dash) Judge
AKPradhan
1 issue framed by the court
Whether a bail application under Section 438 Cr.P.C. is maintainable when the alleged offence is bailable in nature.
2 provisions across 2 enactments
Kabita Nayak
State of Odisha
Chittaranjan Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
