Bhakta @ Bhakta Charan Mohanty vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Mahakalpara P.S. Case No.48 of 2023 corresponding to G.R. Case No.551 of 2023 pending in the file of learned S.D.J.M., Kendrapara, for commission of offences punishable U/Ss.498-A/302/304-B/34 of IPC r/w Section 4 of DP Act, on the allegation of committing murder and dowry death of his sister-in-law by subjecting her to torture and cruelty for demand of dowry.

Heard, Mr. Manas Kumar Chand, learned counsel for the petitioner and Mr. S.R. Roul, learned ASC in the present matter and perused the record.

After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, so also the accusations sought to be brought against him and on going through the materials placed on record including the specific allegation sought to be brought against the petitioner being in omnibus in nature and regard being had to the pre trial detention of the petitioner in custody since 05.06.2023 and his status as an elder brother-in-law of the deceased and he, thereby, being not equated with co-accused-husband on the face of the nature of allegation available on record, this Court without expressing any opinion on the merits of the case, grants bail to the petitioner.

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) only with two solvent sureties each 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 and

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay.

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 in future for grave/similar type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

……………………………