High CourtsSingle Bench

Ganu @ Rasmita Mahakuda vs State Of Orissa

Orissa High Court · Decided on 27 January 2022 · Citation: (2022) 01 OHC CK 0192

HON’BLE JUDGES
A. K. Mohapatra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 304(B), 306, 406, 498(A) · Dowry Prohibition Act, 1961 — Section 4
RESULT
Allowed
CASE NUMBER
Bail Application No. 10481 Of 2021
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Judgment

21 paragraphs · 361 words

A.K.Mohapatra, J

1. This matter is taken up through Video Conferencing mode.

2.

Heard learned counsel for both the parties and perused the records.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Tangi P.S. Case No.53 of 2009, corresponding to

G.R. Case No.217 of 2009, pending in the court of learned S.D.J.M., Khordha, for commission of alleged offences under Sections

498(A)/304(B)/306/406/34 I.P.C. read with Sections 4 of D.P. Act.

4.

Learned counsel for the Petitioner submits that Petitioner is the sister-in-law of the deceased and she is no way connected in the above case. After

long lapse of 12 years, on 6.11.2021, the local police suddenly came to their house in the night and took the Petitioner to the police station. It is also

submitted that Petitioner is languishing in jail custody since the date of her arrest, i.e. 7.11.2021.

5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits if the Petitioner is released on bail,

stringent conditions may be imposed on the accused Petitioner.

6.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner and the fact that Petitioner is the sister-in-law

of the deceased, this Court directs that the Petitioner be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with one

solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate

with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

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

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned Advocate, in the manner prescribed vide

Court’s Notice No.4587, dated 25th March, 2020 as modified by Court’s Notice No.4798, dated 15th April, 2021 and Office Order dated 7th

January, 2022.

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