Anticipatory/regular bail application under Section 439 Cr.P.C. by the husband accused in a dowry cruelty case alleging assault, blackmail using a recorded intimate video and instigation to suicide. Considering the nature of allegations against the petitioner as husband of the victim, the court declined bail and dismissed the application.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 299 of 2024
Kailash Nath
….. Petitioner
Mr. Rudra Madhab Biswal, Adv.
Vs.
State of Odisha
….. Opp. Party Mr. S.S. Pradhan, A.G.A.
CORAM:
JUSTICE SAVITRI RATHO
ORDER
23.02.2024
Order No.
(Through hybrid mode)
with Singla P.S. Case No. 0164 of 2023 corresponding to C.T. Case No. 656 of 2023 pending in the Court of the learned J.M.F.C., Basta, Balasore
registered for commission of offences punishable under Sections 498-A, 323, 506, 34 of IPC and Section 4 of Dowry Prohibition Act and Sections 66-E and 67-A of the Information and Technology Act.
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assaulted her as a result of which she had sustained injuries on her arms and legs. She was rescued by her father-in-law who informed her parents
who came and took her home. Thereafter she learnt that the video of forcible sexual act had been made viral by her husband and mother-inlaw.
that the petitioner is in custody since more than 58 days and had surrendered pursuant to order passed by this Court in ABLAPL No. 11094 of 2023, so his prayer for bail should be heard today.
the husband of the victim, I am not inclined to release him on bail.
application.
Sukanta
Signature Not Verified
Digitally Signed Signed by: SUKANTA KUMAR BEHERA Designation: Senior Stenographer Reason: Authentication Location: Orissa High Court, Cuttack Date: 23-Feb-2024 20:04:56
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1 issue framed by the court
Whether the husband-accused should be released on bail under Section 439 Cr.P.C. in a case involving dowry cruelty, assault and circulation of an intimate video.
4 provisions across 4 enactments
Kailash Nath
State of Odisha
Savitri Ratho
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
