Sanjay Das vs State Of Odisha

V. Narasingh, J

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

The Petitioner is an accused in G.R. Case No.709 of 2022 pending on the file of learned J.M.F.C.-I, Cuttack arising out of Markat Nagar P.S. Case No.107 of 2022, for commission of the offence alleged under Sections 498-A/226/307/377/406/294/506/34 IPC.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Cuttack, by order dated 26.12.2022 in the aforementioned case, the present BLAPL has been filed.

It is submitted by the learned counsel that the present FIR which is an offshoot of complaint case on account of the proceeding pending between the parties under the Protection of Women from Domestic Violence Act and for maintenance under Section 125 Cr.P.C.

It is further submitted that as the investigation has progressed substantially, the Petitioner may be released on bail.

Learned counsel for the State opposes the prayer for bail. 7. Perused the statement of the victim recorded under Section 164 Cr.P.C.

Considering the substantial progress in investigation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

Additionally, it is directed that the Petitioner shall appear before the jurisdictional police station once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin and the Petitioner shall not threaten the victim and her family members and it shall be open to the victim to seek variance of this order in the event there is any threat perception.

Accordingly, the BLAPL stands disposed of.

Urgent certified copy of this order be granted as per rule.

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