High CourtsSingle Bench

Ananta Kumar Jena vs State Of Odisha

Orissa High Court · Decided on 28 June 2023 · Citation: (2023) 06 OHC CK 0142

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 202, 304B, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No.1145 Of 2023
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Judgment

12 paragraphs · 251 words

V. Narasingh, J

1.

Heard learned counsel for the petitioner and learned counsel for the State.

2.

The petitioner is an accused in connection with S.T. Case No.395 of 2022, pending before the Court of the learned Sessions Judge, Balasore arising out of Bhograi P.S. Case No.75 of 2022, for alleged commission of offences under Sections 498-A/302/304-B/34 of the IPC read with Section 4 of D.P. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Balasore, by order dated 10.01.2023 in the aforementioned case, the present BLAPL has been filed.

4.

This is the second journey of the petitioner to this Court post charge sheet.

5.

It is submitted by the learned counsel that the petitioner is in custody since 21.04.2022 and as charge sheet has been filed in the meanwhile, he may be released on bail.

6.

It is the stated by the learned counsel that the allegation against the petitioner is omnibus in nature and he has been implicated in the case at hand only because he is the father-in-law.

7.

Learned counsel for the State opposes the prayer for bail.

8.

Considering the nature of allegations and that the petitioner is aged about 70 years, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Accordingly, the BLAPL stands disposed of.

10.

Urgent certified copy of this order be granted as per rule.

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