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Judgment
22 paragraphs · 386 wordsS.K. Sahoo, J
This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
The informant is present through virtual mode as per the necessary arrangement made by Mr. Aswini Kumar Jena, Sub-Inspector of Police of
Chandrasekharpur police station.
Heard learned counsel for the petitioner and learned counsel for the State as well as the informant through virtual mode.
This is an application under section 439 of Cr.P.C. in connection with C.T. Case No.4944 of 2020 arising out of Chandrasekharpur P.S. Case No.402
of 2020 pending in the Court of learned S.D.J.M., Bhubaneswar for offences punishable under sections 326/307/498-A/34 of the Indian Penal Code
read with section 4 of the D.P. Act.
The prayer for bail of the petitioner was rejected by the learned 2nd Additional Sessions Judge, Bhubaneswar vide order dated 08.01.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 13.12.2020 and he has been
charge sheeted under sections 326/307/498-A/34 of the Indian Penal Code read with section 4 of the D.P. Act and the marriage between the
petitioner and the victim (informant) was solemnized in the year 2009 and they were blessed with a daughter who is now eleven years of age and that
the occurrence in question took place on 05.11.2020 and the F.I.R. was lodged against the petitioner on the same day and the victim was discharged
on 16.11.2020 from the hospital and a mutual divorce petition is pending between the parties and after going through the statement of the victim and
her medical examination report, placed by the learned counsel for the State and since the matter arises out of a matrimonial dispute, I am inclined to
release the petitioner on bail.
Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent
sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may
deem just and proper with further condition that the petitioner shall not try to tamper with the evidence in any manner. Violation of any of the terms
and conditions shall entail cancellation of bail
The BLAPL is accordingly disposed of.
Issue urgent certified copy as per Rules.