The High Court of Orissa dismissed a bail petition filed by the petitioner, Nanda @ Subash Naik, seeking release from custody in connection with IPC Sections 302, 498-A, and Section 4 of the D.P. Act, stating the gravity of offences and character of evidence preclude bail.
Petitioner is not released on bail; BLAPL dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7121 of 2023
Nanda @ Subash Naik
…. Petitioner
-versus-
State of Odisha
…. Opposite Party Mr.G.R.Mohapatra,ASC
CORAM: DR.JUSTICE S.K. PANIGRAHI
Order ORDER
No. 04.09.2023
Dated Police Case No. Sections
F.I.R.
Station and Courts’
No.
Name
0022 28.01.2020 Motanga C.T. (SS) Section 498-A/302/
Case No.29 304-B/34 of I.P.C. &
of 2020 Section 4 of D.P. Act.
arising out
of Motanga
P.S. Case
No.22 of
2020
pending in
the Court of
learned
Addl.
District
Judge-cum-
Special
Judge
(Vigilance),
Dhenkanal
Page 1 of 3
// 2 //
2 . Heard learned counsel for the petitioner and learned counsel for the State.
3 . The petitioner being in custody in connection with Motanga P.S. Case No.22 of 2020 corresponding to C.T. (SS) Case No.29 of 2020 pending in the court learned Addl. District Judge-cum-Special Judge (Vigilance), Dhenkanal registered for the alleged commission of offence under Section 498-A/302/304-B/34 of I.P.C. & Section 4 of D.P. Act has filed this petition for his release on bail.
4. The petitioner is the husband of the deceased.
5. It is alleged in the FIR that the petitioner along with his family members subjected the deceased to cruelty on demand of additional dowry and committed murder of the deceased.
6. Learned counsel for the petitioner submits that the petitioner is innocent. He has been falsely implicated in this case. He has no criminal antecedent. The present case is an outcome of political rivalry between the petitioner and the informant. Though some material witnesses have been examined but they have not supported the case of the prosecution. The petitioner has been languishing in custody since 28.01.2020 which is more than three years.
Page 2 of 3
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7 . Learned counsel for the State vehemently opposed the bail petition on the ground of gravity of the offences and vital witnesses are yet to be examined.
8. Considering the nature and gravity of the offences, character of evidence appearing against the petitioner, the stringent punishment provided, this Court is not inclined to release the petitioner on bail.
9. Accordingly, the BLAPL is dismissed.
Sumitra
10. Issue urgent certified copy of the order pas per Rules.
(Dr. S.K. Panigrahi)
Judge
Signature Not Verified
Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 16-Sep-2023 16:00:27
Page 3 of 3
2 issues framed by the court
Whether to grant bail to the accused detained under IPC Sections 302 and 498-A along with Section 4 of D.P. Act?
Whether the gravity of offences and character of evidence against the petitioner preclude bail?
Nanda @ Subash Naik
State of Odisha
S.K. Panigrahi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
