Single judge hearing an anticipatory bail application under Cr.P.C. 438. Disposed without granting bail, observing that the prayer will be considered on merits if petitioner surrenders and moves for regular bail.
Prayer for anticipatory bail not granted; application to be considered on merits upon surrender and subsequent regular bail application.
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ABLAPL NO.8827 OF 2020
The petitioner having been implicated in Rasgovindpur P.S. Case No.118 of 2020 corresponding to C.T. Case No.1086 of 2020 on the file of learned S.D.J.M., Baripada for alleged commission of offence under section 457/376/511 of the IPC, has filed this application under section 438 of the Cr.P.C. for his release on bail in the event of his arrest in the said case.
Heard learned counsel for the petitioner and learned counsel for the State.
Considering the submissions made and on going through the materials as placed as also taking into account the surrounding circumstances, while being not inclined to consider the prayer for grant of anticipatory bail to the petitioner; this application stands disposed of with an observation that in the event the petitioner surrenders before the court in seisin of the aforesaid 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.
The case records be made available at the cost of the petitioner.
…………………….. D. Dash, J.
Narayan
1 issue framed by the court
Whether anticipatory bail should be granted to the petitioner implicated in IPC 457/376/511.
1 provisions across 1 enactments
The Petitioner
The State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
