Manas Naik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 5785 of 2022 Manas Naik ....

Petitioner Mr. D. Mitra, Advocate -Versus - State of Odisha ....

Opp.Party Mr. P. Pattnaik, AGA

CORAM:

JUSTICE SASHIKANTA MISHRA ORDER_ 20.10.2022 1.

This matter is taken up through hybrid mode.

Order No.

4.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 19.05.2022 in connection with Bidanasi P.S. Case No.83 of 2022 corresponding to G.R. Case No.632 of 2022 pending in the Court of learned S.D.J.M.(S), Cuttack for the alleged commission of offence under Sections 341/294/323/324/326/307/506 of IPC.

4.

It is alleged that the petitioner assaulted his wife by means of a knife causing grievous injuries on her person. There are materials on record to show that the victim has recovered from the injuries. Charge sheet has been submitted in the meantime. I therefore, find no justified reason to detain the petitioner in custody any longer, more so, as the incident appears to have arisen out of a domestic quarrel. 5.

In such view of the matter, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may

deem fit and proper to impose including the following condition:

(i) He shall not, threaten, pressurize the victim in any manner whatsoever.

(ii) He shall personally appear before the court in seisin over the matter on each date of posting of the case without fail and in case of even a single default necessary order shall be passed by the Court below to take him to custody again.

(iii) It shall be open to the victim to move an application for cancellation of bail in the event of violation of any of the aforementioned conditions by the petitioner. 6.

BLAPL is accordingly disposed of.

7.

Issue urgent certified copy as per rules.

(Sashikanta Mishra) Judge A.K. Rana