High CourtsSingle Bench

Bichi @ Bichitrananda @ Bichitra Swain vs State Of Orissa

Orissa High Court · Decided on 19 January 2022 · Citation: (2022) 01 OHC CK 0105

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 302, 304B, 306, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9999 Of 2021
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Judgment

19 paragraphs · 318 words

B. P. Routray, J

1.

The matter is taken up through video conferencing mode.

2.

Heard Mr. S. Pattanayak, learned counsel for the Petitioner and Mr. G. Rout, learned Additional Standing Counsel.

3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Bichi @ Bichitrananda @ Bichitra Swain in connection with

Kakatpur P.S. Case No.160 of 2021 corresponding to G.R. Case No.630 of 2021 pending in the court of learned J.M.F.C., Nimapara for alleged

commission of offence under Sections 498-A/302/304-B/201/34 of the Indian Penal Code read with Section 4 of Dowry Prohibition Act.

4.

It is submitted that the Petitioner is inside custody since 27th June, 2021 and in the meantime investigation being completed, charge-sheet has been

submitted for the offence under Section 498-A/306 of I.P.C. and Section 4 of D.P. Act. It is further submitted that the deceased committed suicide

and there is no specific allegation with regard to torture by the Petitioner.

5.

Having heard Mr. Rout, learned Additional Standing Counsel and considering the nature of materials surfaced in course of investigation against the

Petitioner as well as the fact of completion of investigation, it is directed to release the present Petitioner on bail in the aforesaid case on such terms

and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any witness

directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the Court or

tamper with the evidence.

6.

The BLAPL is accordingly disposed of.

7.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, in the manner prescribed vide Court’s Notice No.514 dated 7th January,

2022.

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