Jyoti Ranjan Das vs State Of Odisha

S.K. Sahoo, J

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.182 of 2023 arising out of Nirakarpur P.S. Case No.50 of 2023 pending in the Court of learned N.G.N. -cum- J.M.F.C., Tangi for offences punishable under sections 498-A/323/324/ 307/34 of the Indian Penal Code.

The petitioner moved an application for bail before the Court of learned 1st Additional Sessions Judge, Khurda, which was rejected on 18.03.2023.

Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 27.03.2023 and he is the husband of the victim-informant and the case arises out of matrimonial dispute and though the injury sustained by the victim has been opined to be grievous in nature but the victim is now hale and hearty and investigation has made substantial progress and therefore, the bail application of the petitioner may be favourably considered.

Learned counsel for the State produced the case diary and placed the statement of the victim as well as the injury report.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the relationship between the parties, since the case arises out of matrimonial dispute and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction for the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper.

Accordingly, the BLAPL is disposed of.

Urgent certified copy of this order be granted on proper application.

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