Allowed

Pinku Seth v. State of Odisha

Orissa HC10 Mar 2023BLAPL/1972/2023

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to the petitioner, an accused in a case under Sections 498A, 304B (implied D.P. Act 4), and other IPC provisions, noting the allegation is an off-spin of a matrimonial dispute and medical report shows no physical injury.

What did the court decide?

Directed to be released on bail on terms to be fixed by the learned Court in seisin; directed to appear before I.O. weekly.

Pinku Seth Vs State of Odisha — Matrimonial and Divorce | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 1972 of 2023

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Pinku Seth

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…. Petitioner

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Mr. B.K. Ragada, Advocate

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-versus-

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State of Odisha

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…. Opposite Party

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Mr. A. Pradhan, ASC

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CORAM: JUSTICE V. NARASINGH

ORDER 10.03.2023

Order No.

01.

Heard learned counsel for the petitioner and learned counsel for the State. 2. The petitioner is an accused in connection with C.T. Case No.31 of 2023, pending in the file of the learned S.D.J.M., Jharsuguda, arising out of Jharsuguda Sadar P.S. Case No.07 of 2023, for alleged commission of offences under Sections 498A/294/323/506/313/34 of IPC read with Section 4 of D.P. Act. 3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-P.O. Special Court POCSO, Jharsuguda by order dated 08.02.2023 in the aforementioned case, the present BLAPL has been filed. 4. It is submitted by the learned counsel that the petitioner is in custody since 08.01.2023. 5. It is stated by the learned counsel for the petitioner that the present FIR is an off spin of the matrimonial case between the parties.

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Page 1 of 2

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On perusal of the FIR, it is seen that the occurrence is stated to be in the year 2014 till the date of institution of the FIR i.e. 07.01.2023.

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Perused the medical examination report of the victim, which does not ex facie show any sign or symptom of any physical injury.

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Considering the background in which the accusation has been made, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

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Additionally, it is directed that the petitioner shall appear before the I.O. once every week on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

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Accordingly, the BLAPL stands disposed of.

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Urgent certified copy of this order be granted as per rule.

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Pinku Seth v. State of Odisha

Case brief

What is this about?

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Pinku Seth v. State of Odisha

Case brief

What is this about?

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