In this application for anticipatory bail under Section 438 Cr.P.C., the High Court refused to grant bail citing the victim's statement but conditioned release on surrender within four weeks to facilitate expeditious disposal of the case by the lower court.
Anticipatory bail denied; petitioner directed to surrender in four weeks for regular bail consideration.
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.
IN THE HIGH COURT OF ORISSA AT CUTTACK
ABLAPL No.1137 of 2022
Amit Bhoi
Petitioner
Mr. J.N. Panda, Advocate
-versus-
State of Odisha
…. Opp. Party
Mr. A.K. Beura, Addl. Standing Counsel
CORAM:
JUSTICE S.K. SAHOO
Order No.
ORDER 08.02.2022
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under section 438 Cr.P.C. for grant of anticipatory bail to the petitioner in connection with C.T. Case No.451 of 2021 arising out of M.Rampur P.S. Case No.233 of 2021 pending in the Court of learned J.M.F.C., M.Rampur for alleged commission of offences under sections 417/493/ 506/34 of the Indian Penal Code.
Perused the first information report annexed to the anticipatory bail application.
In view of the available materials on record and
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the statement of the victim, while not inclining to grant anticipatory bail to the petitioner, it is observed that in the event the petitioner surrenders in the Court below within a period of four weeks from today and moves for bail before the learned Court below, the same shall be disposed of as expeditiously as possible by the Courts below in accordance with law. The case records shall be made available to the Court concerned for adjudication of the bail application.
The ABLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application. ( S.K. Sahoo) Judge
RKM
Page 2 of 2
2 issues framed by the court
Whether anticipatory bail should be granted under Section 438 Cr.P.C. given the victim statement and lack of incurable stage of investigation.
What conditions can be imposed while dismissing an anticipatory bail application.
1 provisions across 1 enactments
Amit Bhoi
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
