CourtKutchehry.com
High CourtsSingle Bench

Dhoba @ Trilochan Pradhan vs State Of Odisha

Orissa High Court · Decided on 20 December 2023 · Citation: (2023) 12 OHC CK 0126

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 302, 306, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 12115 Of 2023
Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

No AI summary yet

Generate an eight-section analysis of this judgment — facts, issues, reasoning, ratio and a plain-language gist.

Judgment

13 paragraphs · 367 words

V. Narasingh, J

1.

Heard learned senior counsel for the Petitioner, learned counsel for the State and learned counsel for the Informant.

2.

The Petitioner is an accused in connection with G.R. Case No.419 of 2023, pending before the Court of the learned District and Sessions Judge, Nayagarh, arising out of ITAMATI P.S. CASE NO.146 OF 2023, for alleged commission of offences under Sections-498A/302/201/34 of IPC, r/w Sec.4 of D.P. Act.

3.

Learned senior counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. Case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Nayagarh by order dated 11.09.2023 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is the father-in-law of the deceased and aged about 67 years and is in custody since 11.09.2023.

6.

It is further submitted by the learned senior counsel that though initially the F.I.R. was filed inter alia, under Section-302 of IPC after investigation charge sheet has been filed on 16.10.2023, under Section-498A/306/201/34 of IPC and r/w Sec-4 of DP Act.

7.

Learned senior counsel further submits that in the meanwhile the mother-in-law has been released on bail by order dated 28.11.2023 in BLAPL No.11964 of 2023. Hence, on the ground of parity the Petitioner seeks release.

8.

Learned counsel for the State as well as the informant oppose the prayer for bail taking into account the nature of allegation, more particularly under Section-201 of IPC, which according to them indicates the criminal proclivity of the Petitioner and merely because of the mother-in-law has been released, who is a lady, the same ought not to weigh with this Court in considering the bail application of the Petitioner.

9.

Considering the nature of allegation and the age of the Petitioner (67), this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per the rules.

…………………………..