Manjulata Das vs State Of Odisha

G. Satapathy, J

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

This is an application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with C.T. Case No.665 of 2022 arising out of Athagarh P.S. Case No.289 of 2022 pending in the Court of learned S.D.J.M., Athagarh for commission of offences punishable under Sections 498(A)/304(B)/306/406/34 of the IPC r/w Section 4 of the D.P. Act, but subsequently charge sheeted for the offence punishable U/Ss. 498(A)/304(B)/302/306/406/34 of the IPC r/w Section 4 of the D.P. Act, on the allegation of committing dowry death and abetment of suicide of her daughter-in-law by putting her under pressure for demand of dowry prior to her death.

Heard Mr. P.C. Jena, learned counsel for the petitioner, Mr. S.K. Pattanaik, learned counsel for the Informant and Mr. S.S. Pradhan, learned AGA in the matter and perused the record.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the status of the petitioner as a mother-in-law of the deceased and her age and regard being had to the mandate of first proviso appended to Section 437 of Cr.P.C. and taking into account the pre-trial detention of the petitioner since 23.11.2022 with completion of investigation, this Court admits this petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bond of Rs.50,000/- (Rupees Fifty Thousand) with one solvent surety 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 shall attend the trial Court on each date of posting without fail unless their attendance is dispensed with and

(iii) the petitioner 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 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 offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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