High CourtsSingle Bench

Sadhaba Das vs State Of Odisha

Orissa High Court · Decided on 19 June 2024 · Citation: (2024) 06 OHC CK 0036

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 201, 302, 304B, 306, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 1573 Of 2024
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Judgment

13 paragraphs · 265 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in connection with C.T. Case No.343 of 2023, pending on the file of learned J.M.F.C., Basta arising out of Basta P.S. Case No.154 of 2023, for commission of alleged offences under Sections 498-A/304B/302/34 of IPC.

3.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Balasore by order dated 12.02.2024 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner-husband is in custody since 7.9.2023.

6.

It is further submitted that since charge sheet has been filed under Sections 306/304-B/201/498-A/34 IPC and 4 of the D.P. Act, further continuance of the Petitioner in custody is not warranted.

7.

It is the assertion of the Petitioner that only because he is the husband he has been falsely implicated in the case at hand.

8.

Learned counsel for the State opposes the prayer for bail taking this Court through the depositions of the independent witnesses.

9.

Considering the same and taking into account the conduct of the Petitioner, this Court is not inclined to entertain this bail application at this stage.

10.

Accordingly, BLAPL stands disposed of.

11.

Liberty is granted to the Petitioner to renew his prayer after examination of the material witnesses..

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