Subas Sethi vs State Of Odisha

S.K. Sahoo, J

  This matter is taken up by video conferencing mode.

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

This is an application under section 439 of Cr.P.C. in connection with Gop P.S. Case No. 39 of 2013 corresponding to G.R. Case No. 254 of 2013

pending in the Court of learned J.M.F.C., Konark for alleged commission of offences under sections 498-A, 323, 406, 506/34 of the Indian Penal Code

and section 4 of the Dowry Prohibition Act.

The bail application of the petitioner has been rejected by the learned Addl. Sessions Judge, Nimapara as per order dated 24.03.2021.

Considering the submission made by the learned counsel that the petitioner, who is the husband of the informant, is in judicial custody since

07.03.2021, charge sheet has already been submitted under sections 498-A, 323, 406, 506/34 of the Indian Penal Code and section 4 of the Dowry

Prohibition Act, which are triable by Magistrate and the case arises out of a matrimonial dispute between the parties and on hearing the learned

counsel for the State, 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 such other conditions as the learned Court may

deem just and.

The BLAPL is accordingly disposed of.

As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order

available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide

Court’s Notice No. 4587 dated 25th March 2020 as modified by Court’s Notice No. 4798 dated 15th April 2021.

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