PRAFULLA DAS Vs. STATE OF ORISSA

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned Addl. Standing Counsel for the State.

(2.) THE petitioners have been arrayed as accused in Salipur P.S. Case No.350 of 2004 corresponding to G.R. Case No.753 of 2004 in the Court of learned JMFC, Salipur for offences under Section 498 -A, 304 -B, 302/34, IPC. They are asking for anticipatory bail on the ground that they are innocent and that no prima facie case is available against them. Learned counsel for the petitioners submits that petitioners 2 and 3 are ladies and petitioner No.4 is a minor boy and so they deserve special consideration in the matter of bail.

(3.) CONSIDERING the facts and circumstances of the case, I am not inclined to grant anticipatory bail to the petitioners. However, taking note of the fact that some of the petitioners are women and minor, I direct that on the petitioners surrendering before the learned Magistrate in the above noted Case within a period of 15 days from today and praying for bail, the petitioner Nos.2, 3 and 4 may be released on bail with appropriate terms and conditions. The bail application of petitioner No.1 shall, however be considered and disposed of on its own merit in accordance with law on the same day in the first hour, so that in the event of rejection of the bail application, he can move the higher forum. If such occasion arises, the higher forum shall dispose of the bail application on the same day, if there is no other impediment. Case diary and records be made available to the concerned Court, if possible. The BLAPL is disposed of accordingly. UCC be granted on proper application. BLAPL disposed of.