Pravakar Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.3591 of 2022 Pravakar Pradhan ....

Petitioners Mr. S.K. Mohanty, Advocate -versusState of Odisha ....

Opposite Party Mr. P.C. Das, A.S.C.

CORAM:

JUSTICE A.K. MOHAPATRA Order No.

ORDER

20.05.2022 02.

1.

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

2.

Heard learned counsel for the petitioner and learned counsel for the State. Perused the F.I.R., case diary and other relevant documents on record.

3.

This is an application under Section 439 of the Criminal Procedure Code.

4.

The petitioner is an accused in C.T. Case No.1587 of 2019 arising out of Balichandrapur P.S. Case No.265 of 2019 pending in the court of learned J.M.F.C., Chandikhole for commission of offence punishable under Sections 304-B/498-A/306/34, I.P.C.

5.

It is submitted by learned counsel for the petitioner that the petitioner has been falsely implicated in this case and he is in custody and he does not have any criminal antecedent of similar nature. 6.

Further, learned counsel for the petitioner submits that due to some family dispute, the victim committed suicide and the same is giving a

// 2 // colour of demand of dowry, which is omnibus in nature. It is also submits that the petitioner is the father-in-law of the deceased, who is aged about 59 years old and the husband of the deceased has already been released on bail by this Court by order dated 17.07.2020 in BLAPL No.477 of 2020. 6.

Mr. Mohanty, leaned Additional Standing Counsel for the State vehemently, opposes the prayer for bail of the petitioner and submits that the petitioner will influence the prosecution witnesses after releasing the bail.

7.

Having heard learned counsel for the parties and considering the allegations made against the petitioner and period of detention of the petitioner, it is directed that let the petitioner be released on bail on furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one local solvent surety for the like amount to the satisfaction of the learned court in seisin over the matter subject to conditions that:- I.

The petitioner shall not be involved in any offence of similar nature;

II.

he shall not tamper with the prosecution evidence or try to threaten or influence the witnesses in any manner whatsoever; and III.

he shall not make any default in attending the court during trial on each date;

Violation of any of the terms and conditions shall entail cancellation of bail.

8.

It is open for the court in seisin over the matter to impose other conditions as may be deemed just and proper.

9.

The Bail Application is accordingly disposed of. Urgent certified copy of this order be granted on proper application.

Jagabandhu ( A.K. Mohapatra ) Judge

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