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Orissa High CourtBLAPL/5189/2021allowed

Mantu @ Gouranga Charan Sa v. State Of Odisha

2022-03-08Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.5189 of 2021 Mantu @ Gouranga Charan Sa ....

Petitioner Mr. Amulya Ratna Panda, Advocate -versusState of Odisha ....

Opposite Party Ms. S. Mishra, Additional Standing Counsel

CORAM:

SHRI JUSTICE B. P. ROUTRAY

ORDER

8.3.2022 Order No.

05.

1.

Heard Mr. A.R. Panda, learned counsel for the Petitioner and Ms. S. Mishra, learned Additional Standing Counsel. 2.

This is an application under Section 439 Cr.P.C. for grant of bail to the Petitioner Mantu @ Gouranga Charan Sa in connection with Balasore Sadar P.S. Case No.94 of 2020 corresponding to S.T. Case No.43 of 2021 pending in the court of learned 3rd Additional Sessions Judge, Balasore 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.

3.

It is submitted on behalf of the Petitioner that he is inside custody since 24th March, 2020 and in the meantime 11 witnesses including the informant and autopsy doctor have been examined. It is further submitted that the death of the deceased has been confirmed by the doctor in his evidence that she died due to asphyxia as a result of drowning.

4.

Upon hearing Ms. Mishra, learned Additional Standing Counsel for State and considering the statement of the witnesses so far examined in course of trial, particularly the evidence of P.W.6 (doctor) and cross-examination of P.W.11 (informant), it is directed to release the present 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 attend the trial court on each date fixed.

5.

The certified copy of depositions as filed by the Petitioner is kept on record.

6.

The BLAPL is accordingly disposed of.

7.

An urgent certified copy of this order be issued as per rules. ( B.P. Routray) Judge M.K.Panda