Bhagyadhar Das Vs State of Odisha

ABLAPL No.4252 of 2019

02. 09.04.2019

The petitioner in this case having been implicated in Dharmasala P.S. Case No.121 of 2019, corresponding to C.T. Case No.407 of 2019, pending in the court of the learned J.M.F.C., Chandikhole for alleged commission of offences punishable under Sections 498-A/323/379/506 of IPC, has filed this petition for his release on pre-arrest bail.

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Heard, learned counsel for the petitioner and learned counsel for the State.

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Perused the allegations made in the F.I.R.

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It appears that the matter arises out of matrimonial discord between the parties and the petitioner is the husband of the informant.

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Regard being had to the facts and submissions made, especially the nature of accusation as appearing in the F.I.R. filed and the fact that this matter arises out of matrimonial discord and also the punishment prescribed for the offences alleged so also there is no likelihood of the petitioner absconding or tampering with the prosecution evidence, if released on pre-arrest bail, this Court directs that in the event of arrest of the petitioner in connection with the aforesaid case, he be released on bail by the Arresting Officer on such terms and conditions as he may deem just and proper including the condition that petitioner shall cooperate with the investigation.

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However, it is made clear that if any graver offence is found against the petitioner in this case besides the aforesaid offences, this order shall not be given effect to.

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The ABLAPL is, accordingly, disposed of being allowed.

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Urgent certified copy of this order be granted on proper application.

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…………………..

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S.Pujahari, J.

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DA

Bhagyadhar Das v. State of Odisha

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Bhagyadhar Das v. State of Odisha

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