Priyabrat Parida @ Priyabrata Parida v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 6903 of 2022 Priyabrat Parida @ Priyabrata Parida ....

Petitioner Mr. S.R. Mohapatra, Advocate -versusState of Odisha ....

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

ORDER

02.11.2022 Order No.

02.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned counsel for the State.

3.

The petitioner is an accused in connection with G.R. Case No.468 of 2022, pending in the Court of the learned S.D.J.M., Dhenkanal, arising out of Dhenkanal Sadar P.S. Case No.178 of 2022, for alleged commission of offences under Sections 498A/304-B/306/406 of IPC read with Section 4 of D.P. Act. 4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Dhenkanal, by order dated 15.07.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioner that the petitioner is in custody since 21.04.2022 and since charge-sheet

has been filed on 24.06.2022, further continuance of the petitioner in custody is unwarranted.

6.

It is submitted that though the F.I.R. is filed inter alia under Section 302 of IPC and other allied Sections, after investigation the charge-sheet has been filed under Section 498A/304-B/306/406 of IPC read with Section 4 of D.P. Act. 7.

Learned counsel for the State placed the statement of one independent witness Bharati Dehury, who has clearly stated that the circumstances on which the unfortunate incident has occurred. 8.

Keeping in view the nature of allegations and the statement of independent witness, this Court directs the petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

9.

Accordingly, the BLAPL stands disposed of.

10.

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