The High Court granted bail to the petitioner, husband of the informant, in a G.R. case arising from matrimonial offences under IPC and DPIA after rejecting the earlier bail plea by the lower Sessions Judge.
The petitioner was released on bail by furnishing a bond of Rs. 50,000 with two solvent sureties.
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BLAPL No. 1445 of 2021
Sibaram Bauta ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
Heard learned counsel for the petitioner and learned counsel for the State.
This is an application under section 439 of Cr.P.C. in connection with G.R. Case No.119 of 2021 arising out of Kakatpur P.S. Case No.30 of 2021 pending in the Court of learned J.M.F.C., Nimapara for offences punishable under sections 498-A/323/294/506/307/ 494/34 of the Indian Penal Code and section 4 of the Dowry Prohibition Act.
The petitioner moved an application for bail before the Court of learned Addl. Sessions Judge, Nimapara which was rejected on 15.02.2021.
Considering the submission made by the learned counsel for the petitioner that the petitioner is the husband of the informant and he is in judicial custody since 01.02.2021, investigation has made substantial progress, the case arises out of matrimonial dispute and the ingredients of the offence under section 307 of the Indian Penal Code are not attracted and after hearing the learned counsel for the State, I am inclined to release the petitioner on bail.
Let the petitioner be released on bail in the
aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may deem just and proper with further conditions that the petitioner shall cooperate with the investigation and appear before the investigating officer as and when required and shall not try to tamper with the prosecution evidence in any manner.
Violation of any terms and conditions shall entail cancellation of bail.
The BLAPL is accordingly disposed of.
Urgent certified copy of this order be granted on proper application.
…………………..……
S.K. Sahoo, J.
Sisir
1 issue framed by the court
Whether the petitioner is entitled to bail under section 439 Cr.P.C. in a matrimonial dispute involving offences under IPC and the Dowry Prohibition Act.
3 provisions across 3 enactments
Sibaram Bauta
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
