Allowed

Bhagabat Prasad Mishra @ Jitu Mishra v. State of Odisha

Orissa HC10 Mar 2021BLAPL/346/2021

Case brief

AI extract

What is this about?

In this bail application under section 439 Cr.P.C., the court granted release to the petitioner accused of offences under IPC sections 498-A, 307, 377 and 506. The court considered the progress of investigation and the informant's subsequent marriage while imposing standard conditions.

What did the court decide?

Release of the petitioner on bail by furnishing a bond of Rs. 50,000 with two solvent sureties.

Bhagabat Prasad Mishra @ Jitu Mishra Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2021)

¶1

BLAPL No. 346 of 2021

¶2

Bhagabat Prasad Mishra @ Jitu ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

¶3

10.03.2021 This matter is taken up through Video Conferencing/Physical Mode.

¶4

Heard learned counsel for the petitioner and learned counsel for the State as well as learned counsel for the informant.

¶5

This is an application under section 439 of Cr.P.C. in connection with Khallikote P.S. Case No.506 of 2020 corresponding to G.R. Case No.1091 of 2020 pending in the Court of learned J.M.F.C., Khallikote for the alleged commission of offences under sections 498-A/323/307/377/506 of the Indian Penal Code read with section 4 of the D.P. Act.

¶6

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Khallikote vide order dated 13.01.2021.

¶7

Learned counsel for the petitioner submitted that the informant earlier lodged the F.I.R. before the Cyber Crime police station, Berhampur on 12.09.2020 relating to the occurrence which took place in between 09.09.2020 to 12.09.2020 and the F.I.R. was lodged against unknown person and in connection with that case, the petitioner was arrested and he was released on bail by this Court in BLAPL No.9556 of 2020 as per

¶8

order dated 18.01.2021. In support of such submission, learned counsel for the petitioner has filed the copy of the bail order. Learned counsel for the petitioner further submits that in the present F.I.R., though the informant stated that the marriage between her and the petitioner was solemnized on 04.06.2019 but in the F.I.R. which was lodged by her on 12.09.2020, she had not mentioned about such marriage. Learned counsel for the petitioner further submits that in view of the available material on record and particularly the fact that the investigation has made substantial progress and the informant has already got married at another place, the bail application of the petitioner may be favourably considered.

¶9

Learned counsel for the State on the other hand produced the case diary and opposed the prayer for bail and placed the statement of the victim.

¶10

Mr. Jugal Kishore Panda, learned counsel appearing for the informant also vehemently opposed the prayer for bail.

¶11

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the background of the case, the progress of investigation so far and the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

¶12

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper subject to conditions that the petitioner shall appear before the Investigating Officer as and when required and cooperate with the investigation and he shall not try to tamper with the evidence or threaten the victim in any manner.

¶13

Violation of any of the terms and conditions shall entail cancellation of bail.

¶14

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

¶15

…………………..……

¶16

S.K. Sahoo, J.

¶17

Bhagabat Prasad Mishra @ Jitu Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bhagabat Prasad Mishra @ Jitu Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dolagobinda Das Vs State of Odisha

Arjun Majhi Vs State of Odisha

Bikram Harijan @ Hial Vs State of Odisha

Bitu @ Debesh @ Devesh Joshi Vs State of Odisha

Bijay Kumar Kamani Vs State of Odisha

Jhinka @ Ganeswar Sahu Vs State of Odisha