Jayanta Kumar Jena v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 4785 of 2022 Jayanta Kumar Jena ....

Petitioner Mr. J. Pal, Advocate -versusState of Odisha ....

Opposite Party Mr. P.K. Maharaj, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.07.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner, learned counsel for the informant and learned counsel for the State. 3.

The petitioner is an accused in C.T. Case No.208 of 2022, on the files of learned 2nd Additional Sessions Judge, Balasore, arising out of Balasore (Sadar) P.S. Case No.74 of 2022, under Section 498-A/304-B/302 of I.P.C. and is in custody since 28.02.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 2nd Additional Sessions Judge, Balasore, by order dated 09.05.2022 in the aforementioned case, the present BLAPL has been filed.

5.

An affidavit has been placed on record by the informant dated 25.05.2022 indicating inter alia that being overcome by grief of losing his daughter he has blamed the petitioner, son-in-law.

6.

Learned counsel for the petitioner placed the deposition of the informant P.W.-1 who is none else than the father of the victim. In the said deposition he has clearly stated that the deceased had history of suffering from severe migraine and had often expressed desire to commit suicide due to such unbearable pain. 7.

Taking into account the deposition of the father who is examined as P.W.1, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter so as to ensure his presence on each date of trial. 8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Santoshi