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IN THE HIGH COURT OF ORISSA AT CUTTACK
SASHIKANTA MISHRA
Jharu Naik – Appellant
Versus
State of Odisha – Respondent
| Table of Content |
|---|
| 1. anticipatory bail eligibility context. (Para 1 , 2) |
| 2. factual background of the case. (Para 3) |
| 3. arguments regarding the applicability of section 438. (Para 5 , 6) |
| 4. judicial scrutiny of apprehension of arrest. (Para 8 , 9 , 10) |
| 5. assessment of testimony and reasonable doubt. (Para 11 , 12) |
| 6. conclusion on anticipatory bail application. (Para 13) |
JUDGMENT :
SASHIKANTA MISHRA, J.
1. The present application involves the following question of law - whether a person added as an accused by the trial Court exercising power under Section 319 of Cr.P.C. is entitled to seek anticipatory bail under Section 438 of Cr.P.C.
2. Brief reference to the facts would be necessary at the outset.
3. On 12.01.2022, one Bhimasen Naik of Bentapur village under Angul Sadar Police Station lodged an FIR alleging therein that on previous day his brother, Tikan Naik had a quarrel with Biju Naik, Badal Naik (petitioner No.2) and Sipun. A scuffle ensued, but because of intervention by the complainant and others, the same subsided. On the same evening when Tikan and his uncle were returning home after visiting his sister, Biju Naik, Gopi Naik, Biranchi Naik, Badal Naik and Dasa Naik, all of whom had
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