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Orissa High CourtBLAPL/9962/2021disposed off

Anil Mallik v. State Of Odisha

2022-01-19Mr. Justice B. P. Routray2 pages

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9962 of 2021 Anil Mallik ....

Petitioner Mr. A.R. Panda, Advocate -versusState of Orissa ....

Opposite Party Mr. S.S.Mohapatra, A.S.C.

CORAM:

JUSTICE B. P. ROUTRAY

ORDER

19.01.2022 Order No.

01.

1. This matter is taken up through video conferencing.

2. This is an application under Sec.439 Cr.P.C. for bail and the offences alleged are under Secs.498-A/306, I.P.C.

3. Heard Mr. A.R. Panda, learned counsel for the Petitioner as well as Mr. S.S. Mohapatra, learned A.S.C. for the State.

4. It is submitted that the Petitioner is inside custody since 23.6.2021 and in the meantime investigation being completed charge-sheet has been submitted. It is further submitted that due to family quarrel between husband and wife, the deceased committed suicide.

5. After hearing learned A.S.C. for the State and considering the statements of the daughters of the deceased and the alleged oral dying declaration, it is directed to release the Petitioner on bail in

connection with Balichandrapur P.S.

Case No.174/2021 corresponding to C.T. Case No.1035/2021 on such terms and conditions to be fixed by the learned J.M.F.C., Chandikhole as he deems just and proper including the condition that the Petitioner shall not dissuade any witness directly or indirectly by way of inducement, threat or promise acquainted with the facts of the case from disclosing such facts before the court or tamper with the evidence.

6. The BLAPL is accordingly disposed of.

7. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court's website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed vide Court's Notice No.4587, dated 25th March, 2020 as modified by Court's Notice No.4798, dated 15th April, 2021 and Court's Office Order circulated vide Memo No.514, dated 7th January, 2022.

( B.P. Routray) Judge B.K. Barik