Allowed

Pramod Kumar Naik v. State of Odisha

Orissa HC4 Dec 2024BLAPL/7917/2024

Case brief

AI extract

What is this about?

This order allows a bail application filed by the petitioner in a case involving sections 439 CrPC, 498-A and 306 IPC. The court granted bail after six months of custody despite the severity of the charge requiring stringent conditions to prevent witness tampering.

What did the court decide?

Petitioner allowed bail on bond of Rs. 50,000 with two sureties on stringent conditions including non-interference with witnesses.

Pramod Kumar Naik Vs State of Odisha — Narcotics (NDPS) | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7917 of 2024

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Pramod Kumar Naik

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..... Petitioner

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Represented By Adv. - Amit Kumar Nath

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-versus-

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State Of Odisha

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..... Opposite Parties

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Represented By Adv. –

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Ms. B.K. Sahu, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

ORDER

04.12.2024

Order No.

1. This matter is taken up through hybrid mode.

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This bail application under Section 439 of the Cr.P.C. filed by the petitioner has arisen out of G.R. Case No.489 of 2024 in connection with Banarpal P.S. Case No.221 of 2024 pending before the learned J.M.F.C Banarpal.

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I have already heard from the learned counsel for the petitioner and learned AGA for the State.

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The petitioner has been chargesheeted under Sections 498-A and 306 of the IPC, 1860 read with Section 4 of the D.P. Act on the allegation of abetment of commission of suicide of his wife subjecting her to torture for non-fulfillment of his unlawful demand of dowry.

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As per the story of prosecution, when the tortures of the petitioner on his wife became untolerable, then, his wife compelled

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Page 1 of 3.

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to commit suicide through hanging in the house of the petitioner. Thereafter, the FIR was lodged and case was registered. Then, investigation was started.

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During investigation, the petitioner was arrested on dated 08.05.2024 and was forwarded to the Court after being booked with the aforesaid offences and since then, he (petitioner) is in custody.

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The learned counsel for the petitioner submitted for liberal consideration of his bail contending that, the petitioner is in jail custody for about 6 months and in the meantime, the investigation of the case has already been completed due to submission of the charge sheet by the investigating officer, to which, the learned AGA for the State objected contending that, as due to the severe tortures of the petitioner on his wife, his wife committed suicide, for which, he (petitioner) should not be allowed to go on bail.

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When, during the staying of the petitioner inside the jail, the investigation of the case has already been completed and when the petitioner is in custody for about more than 6 months and when the provided punishment for the alleged highest offence against the petitioner, i.e. for the offence under Section 306 of the IPC, 1860 is up to 10 years, then, by taking the above factors into account, it is felt proper to allow the petitioner to go on bail with stringent conditions.

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Hence, the bail application filed by the petitioner is allowed.

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He (petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :-

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Page 2 of 3.

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(i) he (petitioner) shall not involve with similar nature of crime in future;

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(ii)he (petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and her family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;

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(iii)he (petitioner) shall appear before the Trial Court personally in each date of adjournment of the case till its conclusion without fail; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.

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Accordingly, the bail application filed by the petitioner is disposed of finally.

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Grant certified copy of this order to the petitioner on proper application.

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( ANANDA CHANDRA BEHERA) Judge

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Signature Not Verified

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Rati Ranjan

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Digitally Signed Rati Ranjan Signed by: RATI RANJAN NAYAK Reason: Authentication Location: High Court of Orissa, Cutt ack, India. Date: 04-Dec-2024 15:41:27

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Page 3 of 3.

Pramod Kumar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Pramod Kumar Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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