Ganu@ Rasmita Mahakuda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.10481 of 2021 Ganu @ Rasmita Mahakuda ....

Petitioner Mr. Nepoleon Sahari, Advocate -versusState of Odisha ....

Opposite Party Mr. T.K. Praharaj, Standing Counsel for State

CORAM:

JUSTICE A.K.MOHAPATRA

ORDER

27.01.2022 Order No.

01.

1.

This matter is taken up through Video Conferencing mode. 2.

Heard learned counsel for both the parties and perused the records.

3.

This is an application under Section 439 Cr.P.C. filed by the Petitioner for bail in connection with Tangi P.S. Case No.53 of 2009, corresponding to G.R. Case No.217 of 2009, pending in the court of learned S.D.J.M., Khordha, for commission of alleged offences under Sections 498(A)/304(B)/306/406/34 I.P.C. read with Sections 4 of D.P. Act.

4.

Learned counsel for the Petitioner submits that Petitioner is the sister-in-law of the deceased and she is no way connected in the above case. After long lapse of 12 years, on 6.11.2021, the local police suddenly came to their house in the night and took the Petitioner to the police station. It is also submitted that Petitioner is languishing in jail custody since the date of her arrest, i.e. 7.11.2021. 5.

Learned Standing Counsel for the State vehemently objected to the bail of the Petitioner. However, he submits if the Petitioner is

// 2 // released on bail, stringent conditions may be imposed on the accused Petitioner.

6.

Having heard learned counsel for the parties and considering the period of detention of the Petitioner and the fact that Petitioner is the sister-in-law of the deceased, this Court directs that the Petitioner be released on bail on furnishing bail bond of Rs.30,000/- (Rupees Thirty thousand) with one solvent surety for the like amount to the satisfaction of the learned court in seisin of the matter subject to conditions that the Petitioner shall cooperate with the investigation and shall not threaten the witnesses or tamper with the evidence in any manner, whatsoever.

7.

With the above direction, the BLAPL is accordingly allowed.

8.

As the restrictions due to resurgence of COVID -19 situation are continuing, learned counsel for the parties may utilize a print out 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 Office Order dated 7th January, 2022. (A.K. Mohapatra) Judge U.K.Sahoo