Allowed¶18

Mukunda Jani v. State of Odisha

Orissa HC7 Aug 2024BLAPL/658/2024

Case brief

AI extract

What is this about?

BLAPL 658 of 2024; Orissa High Court; Justice Sibo Sankar Mishra; bail under Section 439 Cr.P.C.; Sections 498A/306 IPC; abetment of suicide; cruelty by husband; Tentulikhunti PS Case 211/2023; GR Case 1420/2023; Nabarangpur; charge sheet filed 30.12.2023; custody since 01.11.2023; earlier bail rejected 08.01.2024 by Addl. District & Sessions Judge-cum-Special Court (POCSO); general allegation of torture, no overt act; bail allowed.

What did the court decide?

Petitioner enlarged on bail; to be released by the Court in seisin (learned S.D.J.M., Nabarangpur) on such terms and conditions as it deems just and proper; BLAPL disposed of accordingly. ¶18

Mukunda Jani Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

What the court decided

AI extract

Outcome

Petitioner enlarged on bail; to be released by the Court in seisin (learned S.D.J.M., Nabarangpur) on such terms and conditions as it deems just and proper; BLAPL disposed of accordingly.

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Issue for consideration

Whether the petitioner, an accused under Sections 498A/306 IPC (charge sheet filed, in custody since 01.11.2023) whose earlier bail application was rejected, should be enlarged on bail under Section 439 Cr.P.C.

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Court's answer

Having regard to the period of custody, the nature of allegation against the petitioner, and the fact that the charge sheet has already been filed, the Court was inclined to enlarge the petitioner on bail.

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Ratio / Principle

The allegation in the F.I.R. gives nothing in detail and no overt act has been attributed to the petitioner except a general allegation of torture.

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Key takeaways

The petitioner is directed to be released on bail by the Court in seisin over the matter on such terms and conditions as it deems just and proper; the BLAPL is accordingly disposed of.ratio¶19

Detailed headnote1 paragraphs

Bail granted under Section 439 Cr.P.C. — Petitioner, accused in Tentulikhunti P.S. Case No.211 of 2023 (G.R. Case No.1420 of 2023) for offences punishable under Sections 498A/306 IPC arising out of an F.I.R. by the victim's father alleging that his daughter, married to the petitioner after a love affair, committed suicide due to alleged torture, was in custody since 01.11.2023. Investigation was complete and charge sheet filed on 30.12.2023. His earlier bail application (B.A. No.195 of 2023) was rejected by the learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur on 08.01.2024. The High Court, noting that the allegation contained nothing in detail and attributed no overt act to the petitioner beyond a general allegation of torture, and having regard to the period of custody and filing of the charge sheet, enlarged him on bail on terms to be fixed by the Court in seisin; BLAPL No.658 of 2024 disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.658 of 2024

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Mukunda Jani ..……. Petitioner

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Mr. Rajib Lochan Pattnaik, Advocate

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-Versus-

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State of Odisha

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State of Odisha ..……. Opposite Party Mr. D. Biswal, Additional Standing Counsel

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CORAM:
JUSTICE SIBO SANKAR MISHRA

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ORDER 07.08.2024

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Order No. 05.

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1. The petitioner is an accused in connection with Tentulikhunti P.S. Case No.211 of 2023 corresponding to G.R. Case No.1420 of 2023 for the offences punishable under Sections 498A/306 of the IPC pending in the Court of the learned S.D.J.M., Nabarangpur.

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2. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R.

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3. The father of the victim has filed the F.I.R., inter alia , alleging that his daughter and the present petitioner were in love and they had married. Due to the consistent torture meted out to his daughter, she has committed

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suicide. In the allegation, nothing in detail has been given. No overt act has been attributed to the petitioner except general allegation of torture. The investigation, in the present case, is completed and the charge sheet has been filed on 30.12.2023. The petitioner has been charge-sheeted for the offences punishable under Sections 498-A/306 IPC. He is in custody since 01.11.2023.

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4. The petitioner had approached the learned Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur in B.A. No.195 of 2023 praying for grant of bail. The learned Court below, vide its order dated 08.01.2024, has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439

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Cr.P.C. praying for enlargement on bail.

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5. Regard being had to the period of custody, the nature of allegation against the petitioner and the fact that the charge sheet has already been filed in the present case, I am inclined to enlarge the petitioner on bail.

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Hence, the petitioner is directed to be released on bail by the learned

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Court in seisin over the matter in the aforesaid case on such terms and

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conditions as it would deem just and proper.

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6. The BLAPL is accordingly disposed of.

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Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: P.A. Subhasis Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 08-Aug-2024 18:51:41

Mukunda Jani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Mukunda Jani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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