Ananda Chandra Nayak vs State Of Orissa

G. Satapathy, J

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with S.T.(Sessions) Case No.82 of 2023 arising out of Bhadrak Rural P.S. Case No.441 of 2022 pending in the file of learned Sessions Judge, Bhadrak, for commission of offences punishable under  Sections  498-A/304-B/302/34,  on  the  main allegation of committing dowry death and murder of her daughter-in-law by subjecting her to torture and cruelty prior to her death for demand of dowry.

Heard, Mr. P.K.Das, learned counsel for the petitioner and Mr. B.K.Ragada, learned AGA in the matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre-trial detention of the petitioner in custody since 25.08.2022 without the trial being concluded till today even after more than one and half years of the custody of the petitioner and taking into account the status of the petitioner as father-in-law of the deceased and release of co-accused Shantilata Nayak on bail in BLAPL No. 11783 of 2023, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case and

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner for similar offence in future on prima facie accusations may be treated as a ground for cancellation of bail.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of the order be granted on proper application.

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