Nabakishore Pradhan @ Naba Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7299 of 2022 Nabakishore Pradhan @ Naba Pradhan ....

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

Opposite Party Mr. A. Pradhan, ASC CORAM: JUSTICE V. NARASINGH

ORDER

20.12.2022 Order No.

03.

1.

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

2.

The petitioner is an accused in connection with G.R. Case No.10 of 2022, pending in the Court of the learned J.M.F.C., Chilika, arising out of Tangi P.S. Case No.20 of 2022, for alleged commission of offences under Sections 306/498-A/304-B/406 of IPC read with Section 4 of D.P. Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned 1st Additional Sessions Judge, Khurda, by order dated 09.06.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the petitioner is in custody since 12.01.2022 and charge-sheet has been submitted on 10.05.2022.

5.

It is stated that though the FIR was initially registered under Sections 498-A/302/304-B/34 of IPC read with Section 4 of D.P. Act, final form has been submitted inter alia under Sections 306/498-A/304-B/406 of IPC read with Section 4 of D.P. Act and the post mortem report indicates that it's a case of partial antemortem hanging. 6.

Learned counsel for the State opposes the prayer for bail inter alia on the ground that there are materials to show that the deceased was subjected to harassment for which she had to take this extreme step.

7.

Considering the period in custody and filing of chargesheet inter alia under Section 306 of IPC, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

8.

Accordingly, the BLAPL stands disposed of.

9.

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