Allowed

Ajit Mohanty v. State of Odisha

Orissa HC27 Jun 2023BLAPL/666/2023

Case brief

AI extract

What is this about?

Single judge allowed bail application under Section 439 Cr.P.C. for petitioners charged with murder and dowry death. Considering their status as in-laws of the deceased, lack of specific material against them, pre-trial detention duration, and release of co-accused, bail was granted on furnishing bonds of Rs.25,000 each.

What did the court decide?

Bail allowed to petitioners on furnishing bail bonds of Rs.25,000/- each with two solvent sureties.

Ajit Mohanty Vs State of Odisha — Dowry and Cruelty | Orissa HC (2023)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.666 of 2023

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Ajit Mohanty & another

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…. Petitioners

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Ms. S.Patro , Advocate

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-versus-

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State of Orissa …. Opp. Party Mr.S.R.Roul, ASC

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CORAM:

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JUSTICE G. SATAPATHY

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Order No.

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ORDER 27.06.2023

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This is an application U/S. 439 of Cr.P.C. by the Petitioners for grant of bail in connection with Pattapur P.S. Case No.434 of 2021 corresponding to G.R. Case No.415 of 2021 pending in the Court of learned 2^nd Additional District & Sessions Judge, Berhampur for commission of offence punishable U/Ss. 498-A/302/34 of the I.P.C. read with Section 4 of D.P. Act, on the allegation of committing murder and dowry death of the deceased as well as subjecting her to torture and cruelty prior to her death for demand of dowry. 3. In the course of hearing of the bail application, Mrs.S.Patro, learned counsel for the petitioners submits that the petitioners are the mother-in-law and brother-in-law of the deceased and there is absolutely no material available against the petitioners for

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commission of any offence, but the petitioners are in judicial custody since 28.12.2021 and, therefore, petitioners having falsely implicated in this case may kindly be granted bail.

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On the other hand, Mr.S.R.Roul, learned ASC strongly opposes the bail application of the petitioners. 5. After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioners and keeping in view the manner and circumstance of implication of the petitioners and their status as mother-in-law and brother-in-law of the deceased and regard being had to the pre-trial detention of the petitioners since 28.12.2021 and last but not the least, the release of co-accused Bishnupriya @ Tiki Mohanty and Rajeswari @ Moti Mohanty @ Swain on bail in BLAPL No. 6159 of 2022 and keeping in view the fact that charge sheet has already been submitted in this case and taking into account the other circumstance on record in entirety, this Court admits the petitioners to bail.

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Hence, the prayer for bail of the petitioners is allowed and the Petitioners be released on bail on furnishing bail bonds of Rs.25,000/- each with two solvent sureties each for the like amount to the satisfaction of the learned trial Court in seisin of the case on such terms and conditions as deem fit and proper with further conditions that the petitioners shall not leave the jurisdiction of the learned trial Court without prior permission till conclusion of the trial and

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that the petitioners shall attend the trial Court on each date of posting of the case unless their attendance is dispensed with.

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It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioners without further reference to this Court, if any of the above conditions are violated by the petitioners or a case for cancellation of bail is otherwise made out.

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Accordingly, the BLAPL stands disposed of.

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

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Kishore

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( G. Satapathy)

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Judge

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Signature Not Verified

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Digitally Signed Signed by: KISHORE KUMAR SAHOO Designation: Secretary Reason: Authentication Location: High Court of Orissa Date: 28-Jun-2023 10:52:08

Ajit Mohanty v. State of Odisha

Case brief

What is this about?

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Ajit Mohanty v. State of Odisha

Case brief

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