Sribatsha Sahoo vs State Of Odisha

Savitri Ratho, J

Heard Mr. D. Patnaik, learned counsel for the petitioner appearing from the virtual High Court, Dhenkanal and Mr. A.P. Das, learned Addl. Standing Counsel for the State.

This is an application under Section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Dhenkanal Town P.S. Case No.441 of 2023 corresponding to C.T.(SS) Case No. 227 of 2023 pending in the Court of the learned Asst. Sessions Judge -cum-Women’s Judge, Dhenkanal where charge sheet has been submitted under Sections 294, 323, 324, 307, 354 of IPC.

The petitioner had moved an application for bail before the Court of learned Addl. Sessions Judge, Dhenkanal which was rejected on 12.09.2023.

The allegation against the petitioner is that on 25.06.203 at about 7.55 P.M. the petitioner-husband entered into her parlour shop and abused her in filthy language and assaulted her abdomen and hands by means of a bhujali at that time she shouted there and one shopkeeper went there to help her. Her husband also assaulted that shopkeeper and pressed the neck of that shopkeeper and when lady another Sushree Priyadarsini Singh tried to help her at that time her husband also assaulted that lady.

Mr. D. Patnaik, learned counsel for the petitioner submits that the petitioner is in custody since 26.06.2023. He further submits that the charge sheet has been filed on 25.08.2023 for the offences under Sections 294, 323, 324, 307, 354 of IPC and the case has been committed to the Court of the learned Asst. Sessions Judge -cum-Women’s Judge, Dhenkanal. He also submits that the injuries found on the informant and other injured are simple in nature.

Mr. S.S. Pradhan, learned Addl. Govt. Advocate for the State opposes the prayer for bail stating that the petitioner has one criminal antecedent in Dhenkanal Town P.S. Case No. 202 of 2023 under Section 498-A, 294, 323, 506 of IPC.

Considering the respective submissions, the nature of allegations against the petitioner, period of his detention in judicial custody and as the injuries are simple in nature, I am inclined to allow the prayer for bail.

Let the petitioner- Sribatsha Sahoo be released on bail on such terms and conditions as may be fixed by the learned Court below in seisin over the matter, including the following conditions:

(i) He will not indulge in any criminal activity while on bail.

(ii) He will not threaten or try to influence prosecution witnesses while on bail.

(iii) He will report before the Dhenkanal Town Police Station on the first Sunday of every month between 3.00 p.m. to 5.00 p.m.

Violation of any condition will entail in cancellation of bail.

The BLAPL is accordingly disposed of.

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

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