Abhinav Tripathy v. Manas Kumar Chand
Case at a glance
Provisions considered
Key paragraphs
- Para 88. The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date…
Judgment
CORAM: THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA ORDER 27.08.2024
This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).
Heard learned counsel for the Petitioner and learned Addl. Standing Counsel for the State. Perused the records.
This is an application under Section 482 of B.N.S.S., 2023 filed by the Petitioner for anticipatory bail.
It is stated by learned counsel for the petitioner that no formal F.I.R. has been registered as of now against the present petitioner.
However, considering the fact that the F.I.R. is likely to be registered for commission of offence under Section 85 and 3(5) of B.N.S. read with section 4 of D.P. Act.
While disposing of the bail application, this Court directs the Arresting Officer to first explore the possibility of applying the principles of under Section 35 (3), (4), (5), (6) of B.N.S.S. is equivalent to 41-A of Cr.P.C. as has been directed by the Hon’ble Page 1 of 2. Supreme Court in the case of Arnesh Kumar vs. State of Bihar and another, reported in (2014) 8 SCC 273, in the event the same is applicable to the facts of the petitioner’s case.
The ABLAPL is disposed of accordingly. Urgent certified copy of this order be granted as per rules. ( A.K. Mohapatra) Judge Anil Page 2 of 2. Signature Not Verified Digitally Signed Signed by: ANIL KUMAR SAHOO Reason: Authentication Location: High Court of Orissa Date: 28-Aug-2024 11:14:45
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