Single judge order on dubious anticipatory bail application. Court refers petitioner to surrender before S.D.J.M., Sambalpur, and move for regular bail within three weeks for release.
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ABLAPL No.10163 of 2020
The matter is taken up through video conferencing. Learned counsel for the petitioner submits the true facts that this petitioner and others were returning by purchasing six bullocks from the nearest cattle weekly market when on the way the complainant and others created the disturbances by making some illegal demand from them for which the incident took place and apprehending that this petitioner and others would be running against them by filing the FIR; the present FIR has been lodged after five days coining a story so as to harass the petitioner and others only after they became sure that this petitioner and others have not made any such move against the complainant and others as apprehended. He further submits that for the above reasons, the complainant having not approached the local police station filed the complaint in the court of law and has obtained an order under section 156(3) of the Cr.P.C. with a view to see that even before the real facts giving rise to the incident come to surface, the sufferings are caused to this petitioner and others. In view of all the above, he urges for grant of anticipatory bail to the petitioner as there arises no such other impediment.
Learned counsel for the State, under instruction, submits that there appears some suppression of material facts in the narration of the facts leading to file the complaint and materials in support of the initial parts as to the petitioner and others coming with their purchased
bullocks and the obstructions being caused to them have been collected in course of investigation as per the instruction received.
Considering the submissions and on going through the nature of accusations; further keeping in view surrounding circumstances of the case as also concerning the petitioner; it is directed that in the event the petitioner surrenders before the court in seisin of the case in connection with Sambalpur Sadar P.S. Case No.46 of 2020 corresponding to G.R. Case No.814 of 2020 pending in the court of learned S.D.J.M., Sambalpur, within three weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the said court.
The ABLAPL is disposed of accordingly.
…………………….. D. Dash, J.
Basu
1 issue framed by the court
Whether anticipatory bail can be granted to the petitioner in light of the circumstances and the Order under Section 156(3) of the Cr.P.C.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
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