Basanti Das v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 7957 of 2022 Basanti Das ....

Petitioner Mr. D. Mohapatra, Advocate -versusState of Orissa ....

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

ORDER

05.09.2022 Order No.

01.

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 G.R. Case No.646 of 2022 pending in the file of learned JMFC, Aska, arising out of Aska P.S. Case No.290 of 2022, offence under Sections 498-A/304-B/34 of IPC read with Section 4 of D.P. Act and is in custody since 24.07.2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, Ganjam by order dated 08.08.2022 in the aforementioned case, the present BLAPL has been filed.

5.

Learned counsel on instruction submit that in the meanwhile charge sheet has been submitted inter alia under Section 306 of IPC and other allied sections.

6.

It is submitted by the learned counsel for the petitioner that the petitioner is the mother-in-law and keeping in view the omnibus nature of the allegations her further continuance in custody is unwarranted.

7.

Keeping in view the Proviso under Section 437(1) Cr.P.C and filing of charge sheet, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

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