Gadadhar Mallik @ Godhi Mallik v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No.14238 of 2022 Gadadhar Mallik @ Godhi Mallik & Others ....

Petitioners Mr. U.K. Samal, Advocate -versusState of Odisha ....

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

CORAM:

JUSTICE CHITTARANJAN DASH Order No.

ORDER

21.11.2022 02.

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

2. By means of this application U/s.438 Cr.P.C., the Petitioner seeks grant of bail in apprehension of arrest for his alleged involvement in the offences U/s. 498-A/302/34, I.P.C. in connection with Aul P.S. Case No.393 of 2022 corresponding to G.R. Case No.714 of 2022 pending in the court of learned J.M.F.C., Aul.

3. Learned counsel for the State submits that the nature of death appearing in the Post-Mortem Report is consistent with suicidal hanging and preliminarily the allegations are against the husband of the deceased.

4. In the present case, it appears that all the Petitioners are latives of the husband of the deceased.

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5. Keeping in view the submission of the parties and having gone through the nature of allegations as emerged from the materials on record, and further the circumstances appearing, the seriousness and gravity of the offences, it is directed that in the event the Petitioners surrender and move for bail before the learned J.M.F.C., Aul in the aforesaid G.R. Case, within a period of three weeks from today, they shall be allowed to go on 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 Petitioners shall appear before the I.O. and shall cooperate with the investigation as and when required;

(ii) They shall also appear before the trial court on each date of trial, without fail, till conclusion of the trial. (iii) They shall not threaten, terrorise, ill-treat or harass the Informant and his family members including the prosecution witnesses in any manner whatsoever.

(iv) Violation of any of any of the conditions shall entail cancellation of bail.

6. The ABLAPL is disposed of accordingly.

( Chittaranjan Dash ) Judge S.K. Parida