An application for anticipatory bail under Section 438 Cr.P.C. in an IPC case was disposed of without granting bail. The court observed that in the event of surrender, the petitioner may move for regular bail which shall be considered on merits.
Application disposed; petitioner directed to surrender and move for bail on merits if arrested.
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ABLAPL NO.15251 OF 2020
02. 15.01.2021
This matter is taken up through Video conferencing
mode.
The petitioner having been implicated in connection with Ainthapali P.S. Case No.612 of 2020 corresponding to G.R. Case No.4369 of 2020 registered for alleged commission of offence under section 341/307/435 of the IPC, pending in the court of learned S.D.J.M., Sambalpur, has filed this application under section 438 Cr.P.C. for his release in the event of his arrest in the aforesaid case.
Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel appearing for the informant.
Considering the submissions and on going through the materials on record as also other surrounding circumstances; while being not inclined to grant of anticipatory bail to the petitioner, this application is disposed of with the observation that in the event the petitioner surrenders before the court in seisin of the case and moves for his release on bail, the same shall be considered on its own merit without being prejudiced by this order and disposed of early in accordance with law.
The ABLAPL is accordingly disposed of.
…………………….
D. Dash, J.
Narayan
2 issues framed by the court
Whether anticipatory bail should be granted pending trial under Section 341/307 IPC.
Whether the petitioner can surrender later to move for bail without prejudice.
1 provisions across 1 enactments
Petitioner
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
