Tuni Bhuyan v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13425 of 2022 Tuni Bhuyan ....

Petitioner Mr .D.K. Mohapatra, Advocate -versusState of Odisha ....

Opposite Party Mr. Shashanka Patra, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH

ORDER

17.11.2022 03.

1. Heard the learned counsel for the Petitioner and the State. Order No.

2. By means of this application, the Petitioner seeks grant of bail under Section 438, Cr.P.C. in anticipation of arrest for his alleged involvement in the offence under Sections 498-A/302/34, I.P.C., in connection with Simulia P.S. Case No.89 of 2022 corresponding to C.T. Case No.257 of 2022 pending in the court of learned J.M.F.C., Soro.

3. It is submitted by learned counsel for the State that according to the PM Report the death of the deceased is consistent with suicidal hanging.

4. It is submitted by learned counsel for the Petitioner that the present petitioner ordinarily goes out of the house for her livelihood and do not stay in the village and that the husband having arrested has been released on bail.

5. Keeping in view the facts and circumstances of the case and the nature of death of the deceased, seriousness and gravity of the offence, it is

// 2 // directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Soro in the aforesaid C.T. Case within a period of three weeks hence, she shall be admitted to bail on such terms and conditions as would be deemed just and proper by the said court, but subject to the following further conditions - (i) The Petitioner shall appear before the I.O. and shall cooperate with the investigation, as and when required;

(ii) She shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial.

(iii) She shall not threaten, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner and shall not tamper with the prosecution evidence in any manner whatsoever.

(iv) Violation of any of the conditions, as above, shall entail cancellation of the bail automatically.

6. The ABLAPL is disposed of accordingly.

(Chittaranjan Dash) Judge S.K.Parida