Orissa High Court
ABLAPL/8764/2020 on 26 August, 2020
Author: D. Dash
Bench: D. Dash
ABLAPL No.8764 of 2020
02. 26.08.2020 The matter is taken up through video conferencing.
The petitioners having been implicated in Aska P.S.
Case No.275 of 2020 corresponding to G.R. Case No.07 of
2020 pending in the court of learned Addl. Sessions Judge,
Aska for alleged commission of offence under section
450/294/354/506/323/326/307/34 of the IPC read with
section 3(1)/3(2)(VA) of the SC & ST (PA) Act, has filed this
application under section 438 of Cr.P.C. for grant of bail in the
event of their arrest in the said case.
Learned counsel for the petitioners submits that the
case has been foisted against the petitioners on account of
prior enmity and even accepting the entire F.I.R. allegations,
no case under section 3 of the SC & ST (PA) Act is prima facie
made out. In view of all the above, when there remains least
scope on the part of the petitioners to flee from justice and the
question of tampering the evidence does not arise, he urges for
grant of anticipatory bail to the petitioners.
Learned counsel for the State opposes the move.
Considering the submissions and on going through the
nature of accusations; further keeping in view the
surrounding circumstances of the case as also concerning the
petitioners; it is directed that in the event the petitioners
surrender before the court in seisin of the case within two
weeks hence and move for their release on bail, they shall be
released on bail on such terms and conditions as would be
deemed just and proper by the said court with further
condition that they will not indulge themselves in commission
of similar type of offences.
The ABLAPL is accordingly disposed of.
..........................
D. Dash, J.
Narayan