Chittaranjan Pradhan vs State Of Odisha

G. Satapathy, J

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

This is a successive bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Bidanasi P.S. Case No. 230 of 2023 corresponding to G.R. Case No. 677 of 2023 pending in the Court of learned J.M.F.C.-III(Cog. Taking), Cuttack for commission of offences punishable Under Sections 498-A/304-B/306/406/34 of IPC read with Section 4 of D.P. Act, but subsequently being charge sheeted for offence U/Ss. 498-A/304-B/306/406/34 of IPC read with Section 4 of D.P. Act on the allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty for demand of more dowry.

At the outset, Mr.Arun Kumar Das(1), learned counsel for the petitioner informs the Court that no bail application of the petitioner is pending before any other forum except this one.

Heard, Mr. A.K.Das(1), learned counsel for the petitioner and Mr.S.N.Nayak, learned ASC in the matter and perused the record. Mr.Das, however produces the certified copy of charge sheet wherein the petitioner has been charge sheeted for offence U/Ss. 498-A/304-B/306/406/34 of IPC read with Section 4 of D.P. Act. The certified copy of charge sheet be kept on record.

After having considered the rival submissions and taking into consideration the nature and gravity of the offence so also the accusation sought to be brought against the petitioner and regard being had to the pre-trial detention of the petitioner in custody since 19. 09.2023 and taking into account the opinion of the doctor as to the cause of death of the deceased and the supporting materials available on record, this 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,

(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance are 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,

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

7 Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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