Pramita Pradhan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8253 of 2022 Pramita Pradhan ....

Petitioner Mr. M.K. Mohapatro, Advocate -versusState of Odisha ....

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

ORDER

31.10.2022 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.1753 of 2022 arising out of Bikrampur FCI P.S. Case No.199 of 2022, pending on the file of the learned S.D.J.M., Talcher for the alleged commission of offence under Sections 498-A/304-B/34/109 IPC and Section 4 of the D.P. Act.

4.

Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C. by the learned Addl. Sessions Judge, Talcher by order dated 20.08.2022, the present BLAPL has been filed. 5.

Learned counsel for the Petitioner submits that since the Petitioner is in custody since 12.08.2022 and the charge sheet has been filed on 31.08.2022, his further continuance in custody is not warranted.

6.

It is submitted that even if the entire allegation of the prosecution is accepted at its face value, only offence under Section 109 IPC is made out against the present Petitioner. 7.

Learned counsel for the State opposes the prayer for bail relying on the statement of the witness. It is submitted that the Petitioner along with the husband of the deceased are responsible for the unfortunate death of the victim. Hence, he ought not to be released on bail.

8.

Taking into account the filing of charge sheet and the fact that the Petitioner is a lady, 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.

9.

The BLAPL thus stands disposed of.

10.

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