Ashok Biswal v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9814 of 2022 Ashok Biswal ....

Petitioner Mr. M.R. Behera, Advocate -versusState of Odisha ....

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

ORDER

28.11.2022 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 C.T. (S) Case No.94 of 2022, pending in the court of the learned Addl. Sessions Judge, Athmallik, arising out of Kishorenagar P.S. Case No.73 of 2022.

4.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Additional District Judge, Athmallik, by order dated 08.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel that the Petitioner is in custody since 22.05.2022 and as charge sheet has been filed on 10.08.2022, his further continuance in custody is not warranted. He further submits that FIR was filed, inter alia, under Sections 302

IPC and other allied Sections but after investigation, charge sheet has been filed under Sections 498-A/304-B IPC and Section 4 of the D.P Act. Therefore, the Petitioner may be released on bail. 6.

Learned counsel for the State, relying on the statements of the Informant Kumari Pradhan, who is the mother of the deceased, and others, submits that there are materials to show that there was constant demand of dowry for which the deceased was driven to end her life.

7.

Considering that the investigation is completed and charge sheet has been filed, this Court directs the Petitioner to be released on bail on such terms to be fixed by the Court in seisin over the matter.

8.

Accordingly, the BLAPL stands disposed of.

9.

Urgent certified copy of this order be granted as per the rules.

(V. NARASINGH) Judge PKS