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Orissa High CourtBLAPL/6055/2022allowed

Akhila Pradhan v. State Of Odisha

2022-10-14Mr. Justice Sashikanta Mishra2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6055 of 2022 Akhila Pradhan ....

Petitioner Mr. S.K. Dash, Adv.

- Versus - State of Odisha ....

Opposite Party Mr. P. Tripathy, Addl. Standing Counsel

CORAM:

JUSTICE SASHIKANTA MISHRA

ORDER

14.10.2022 Order No.

03.

1.

This matter is taken up through hybrid mode.

2.

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

3.

The petitioner is in custody since 01.04.2022 in connection with Niali Prasad P.S. Case No.91 of 2022 corresponding to G.R. Case No.167 of 2022 pending in the Court of learned J.M.F.C., Gondia for the alleged commission of offence under Sections 498-A/307 of IPC.

4.

It is alleged that the petitioner assaulted his wife by means of a katari causing several injuries on her body. In the meantime charge sheet has been submitted. This Court therefore, finds no justified reason to detain the petitioner in custody any further.

5.

Taking into consideration all the above facts as also the period of detention of the petitioner in custody, 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 condition that he shall not approach, threaten, coerce or

pressurize the victim in any manner whatsoever. He shall appear personally before the court in seisin over the matter on each date of posting of the case and in case of even a single default, necessary orders shall be passed to take him to custody again. 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