Hemanta Bagarti v. State of Odisha
Case brief
What is this about?
Anticipatory bail under Section 438 CrPC in a kidnapping case where the petitioner claims he married the victim and they reside together, supported by the victim's affidavit. The court noted the informant was not made a party and directed the trial court to consider bail on surrender, on merits and independently.
What did the court decide?
Direction that on surrender and bail application, the trial court shall consider it on merits in light of the victim's affidavit; no bail granted at this stage.