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Judgment
S.K. Mishra, J. - Heard learned counsel for the petitioner and learned Addl. Government Advocate for the State.
The petitioner is apprehending arrest for the alleged commission of offences under Sections 468/471/406/420/34 of the IPC in C.T. Case No. 5015/2014 of the Court of Learned S.D.J.M., Bhubaneswar arising out of Badagada P.S. Case No. 216 of 2014.
Learned counsel for the petitioner submits that the petitioner was noticed under Section 41-A of the Cr.P.C. Accordingly, he was complied with the said notice. As per Sub-section (3) of Section 41-A he should not be arrested as there no other reasons for arresting him. Learned counsel for the petitioner also draws attention of the Court to the reported case of Arnesh Kumar v. State of Bihar and Anr., (2014) 58 OCR (SC) 999; and states that the alleged offences are punishable with imprisonment for seven years or less. So that taking recourse to paragraph-14 of the said judgment wherein the Supreme Court has held that directions given shall not only apply to the cases under Section 498-A of the IPC or Section 4 of the D.P. Act, but also such cases where offence is punishable with imprisonment for a term which may be less than seven years or which may extend to seven years; whether with or without fine. Learned Addl. Government Advocate produced the case diary which contains a chuktinama.
Keeping in view the aforesaid consideration and the facts of the case, this court is inclined to grant anticipatory bail to the petitioner. Accordingly, the anticipatory bail application of the petitioner is allowed. On the event of his arrest, he shall be released on bail by the arresting officer on such terms and conditions as deemed just and proper by him in the aforesaid case.