Abinash Dutta v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.13817 of 2022 Abinash Dutta ....

Petitioner Bini Mishra, Advocate -versusState of Odisha & another ....

Opposite Parties Mr. M.K. Mohanty, A.S.C.

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

15.11.2022 02.

1. Heard learned counsel for the Petitioner and the State.

2. This is an application for bail U/s.438 Cr.P.C. filed by the Petitioner in anticipation of arrest for his alleged involvement in the offences U/s. 498-A/294/323/506/34, I.P.C. and Section 4 of the D.P. Act, in connection with Jaleswar P.S. Case No.242 of 2020 corresponding to C.T. Case No.501 of 2020 pending in the Court of learned J.M.F.C., Jaleswar.

3. Having regard to the fact that the victim lady left the matrimonial home and residing with her parents since September, 2019, there is no apparent danger to her life as has been narrated in the F.I.R. Besides considering the facts appearing in the record and submission of the parties and the nature of allegations as emerged from the materials on record, the seriousness and gravity of the offence, it is directed that in the event the Petitioner surrenders and moves for bail before the learned J.M.F.C., Jaleswar in the

// 2 // aforesaid G.R. Case within a period of three weeks hence, he 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. once in a week till submission of charge-sheet and shall cooperate with the investigation as and when required;

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

(iii) He shall not threaten, terrorise, ill-treat or harass the Informant and her family members including the prosecution witnesses in any manner whatsoever.

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

4. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida