High CourtsSingle Bench

Tikili Swain vs State Of Orissa

Orissa High Court · Decided on 24 January 2022 · Citation: (2022) 01 OHC CK 0162

HON’BLE JUDGES
B. P. Routray, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 304B, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 11280 Of 2021
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Judgment

18 paragraphs · 301 words

B. P. Routray, J

1.

The matter is taken up through video conferencing mode.

2.

Heard Mr. K. Pradhan, learned counsel for the Petitioner and Mr. A. Pradhan, learned Additional Standing Counsel for the State.

3.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Tikili Swain in connection with Tangi P.S. Case No.375 of 2020

corresponding to G.R. Case No.536 of 2020 pending in the court of learned NGN-CUM-J.M.F.C., Tangi for alleged commission of offence under

Sections 498-A/304-B/302/34 of the Indian Penal Code read with Section 4 of Dowry Prohibition Act.

4.

It is submitted that the Petitioner is a woman carrying pregnancy of 32 weeks and inside custody since 15th December, 2021. It is further submitted

that she is the sister-in-law of the deceased and against her no direct allegations are there.

5.

Upon hearing Mr. Pradhan, learned Additional Standing Counsel, considering the statement of the witnesses as well as the material against the

present Petitioner and keeping in view the proviso to Section 437(1) of the Cr.P.C., it is directed to release the Petitioner on bail in the aforesaid case

on such terms and conditions to be fixed by the learned court in seisin over the matter including the condition that, the Petitioner shall not dissuade any

witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the

Court or tamper with the evidence.

6.

The BLAPL is accordingly disposed of.

7.

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, in the manner prescribed vide Court’s Notice No.514 dated 7th January,

2022.

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