Gurubari Nayak & Others 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 petitioners for grant of bail in connection with Tangi P.S. Case No.660 of 2023 arising out of G.R. Case No.618 of 2023 pending in the file of learned N.G.N.-cum-J.M.F.C.,Tangi for commission of offences punishable under Sections 498-A/302/304-B/34 of IPC read with Section 4 of D.P. Act on the allegation of committing murder and dowry death of the deceased by subjecting her to torture and cruelty for demand of dowry, along with co-accused person in furtherance of their common intention.

Heard, Mr. J.Sahoo, learned counsel for the petitioners and Mr. P.K.Mohanty, learned ASC in the matter and perused the record. It is not disputed that the petitioners are the parents-in-law and sister-in-law of the deceased and they are in custody since 21.12.2023, but in the meanwhile charge sheet has already been submitted.

In view of the above facts and taking into consideration the custody of the petitioners since

12.2023 with submission of charge sheet in the meanwhile and the petitioners being in-laws of the deceased and regard being had to the omnibus nature of allegation raised against the petitioners, this Court by taking a lenient view considers the bail application of the petitioners affirmatively and admits them to bail.

Hence, the bail applications of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/-(Rupees Fifty Thousand) each only with two solvent sureties 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 petitioners shall not commit any offence while on bail,

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

(iii) the petitioners shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners 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 petitioners in future for similar offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. This order may not constitute as a precedent for grant of bail to co-accused husband.

Issue urgent certified copy of the order as per Rules.

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