Sanjaya Kumar Sahu Vs State of Odisha

This is a bail application U/S.483 of BNSS, 2023 by the Petitioner for grant of bail in connection with Mancheswar P.S. Case No. 396 of 2024 corresponding to C.T. Case No.1320 of 2024 pending in the file of learned JMFC-II, Bhubaneswar for commission of offences punishable U/Ss 85/80(2)/108/3(5) of BNS r/w Sec. 4 of the DP Act, on the allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty for demand of dowry.

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Heard, Mr. Abhaya Kumar Sharma, learned counsel for the Petitioner and Mr. J.K. Bal, learned AGA in the matter and perused the record. 4. After having considered the rival submissions and taking into account the nature and gravity of

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offence as alleged against the Petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since 26.07.2024 with completion of investigation and taking into account the cause of the death as opined by the Doctor in the PM report and last but not the least, following the well recognized principle of “bail is the rule, but jail is the exception”, this Court without expressing any opinion on merits of the case admits the Petitioner to bail.

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Hence, the bail application of the Petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance are dispensed with . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law and

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the

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case by intimating their present address of stay.

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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 petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Designation: Jr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 03-Dec-2024 10:47:22

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Sanjaya Kumar Sahu v. State of Odisha

Case brief

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Sanjaya Kumar Sahu v. State of Odisha

Case brief

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