This judgment grants bail to Anil Sethy under Section 439 Cr.P.C. in Angul P.S. Case No.926 of 2019 involving offences under Sections 399 and 402 IPC read with Section 27 of the Arms Act. The court ordered release on bond with one surety.
Petitioner released on bail on furnishing a bond of Rs.25,000 with one surety for the like amount to the SDJM, Angul.
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.
BLAPL No.11177 of 2019
This application under Section 439 Cr.P.C. has been made on 23.12.2019 by the petitioner, namely, Anil Sethy for grant of bail in Angul P.S. Case No.926 of 2019, corresponding to G.R. Case No.2127 of 2019 pending in the court of learned SDJM, Angul for commission of offence U/s.399/402 of IPC r/w sec.27 of Arms Act.
Heard learned counsel for the petitioner and the learned Additional Government Advocate.
Learned counsel for the petitioner submits that there is no criminal antecedent pending against the present petitioner. The only seizure is a knife which is commonly available, for which he should be released on bail keeping the custody period since 09.11.2019.
Learned Additional Government Advocate opposes the same stating that there is a chance of absconding.
Having regards to the nature of offence, period of detention, I am inclined to grant bail to the present petitioner.
Hence, it is ordered that the petitioner - Anil Sethy be released on bail on furnishing bail bond of Rs.25,000/(Rupees twenty-five thousand) with one surety for the like amount to the satisfaction of the learned SDJM, Angul in the above noted case, subject to such terms and conditions as deemed just and proper.
The BLAPL is accordingly disposed of.
pks
Urgent certified copy of this order be granted as per
rules.
………………………... Dr. A. K. Mishra, J.
2 issues framed by the court
Whether bail should be granted to the petitioner under Section 439 Cr.P.C. in a non-bailable offence involving possession of a firearm.
Whether the petitioner should be released on bail considering the nature of the offence and lack of criminal antecedents.
3 provisions across 2 enactments
Anil Sethy
State
Dr. A. K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
