Disposed

Seshadeba @ Seshadeb Prusty v. State of Odisha

Orissa HC26 Sept 2024BLAPL/8608/2024

Case brief

AI extract

What is this about?

Regular bail application by a husband accused under Sections 85 and other provisions of the Bharatiya Nyaya Sanhita and the Dowry Prohibition Act. The court noted injuries were simple in nature and released him on bail with conditions including monthly interim maintenance to the informant-wife.

What did the court decide?

Petitioner released on bail on bail bond of Rs.30,000 with two local solvent sureties, subject to no-harassment condition and payment of Rs.3,000 monthly interim maintenance to the informant-wife.

Seshadeba @ Seshadeb Prusty Vs State of Odisha — Dowry and Cruelty | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.8608 of 2024

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Seshadeba @ Seshadeb Prusty

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.....

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Petitioner

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Represented By Adv. –

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Mr. Sarat Kumar Jena

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-versus-

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State Of Odisha ..... Opposite Party

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Represented By Adv. –

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Mr. Debasish Nayak, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ADITYA KUMAR MOHAPATRA

ORDER

26.09.2024

Order No.

1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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Heard learned counsel appearing for the Petitioner and learned Additional Government Advocate appearing for the State-Opposite Party. Perused the materials placed before this Court.

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The present bail application under Section 483 of BNSS, 2023 has been filed by the Petitioner for regular bail in connection with G.R. Case No.1437 of 2024, arising out of Khallikote P.S. Case No.623 of 2024, pending in the court of learned J.M.F.C., Khallikote, for alleged commission of offences punishable under Sections 85,

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Page 1 of 3.

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115(2), 109, 351(3) & 3(5) of B.N.S.S., 2023 and Section-4 of D.P. Act.

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It is submitted by the learned counsel for the Petitioner that earlier this matter was not before any other Bench of this Court. He further submitted that the Petitioner, who happens to be the husband of the Informant, is in custody since 27.07.2024 for allegedly commission of offence punishable under Section 85 of B.N.S., 2023 and other allied sections. He further submitted that injuries sustained by the injured are simple in nature. He further contended that although the Petitioner is having one criminal antecedent, however, he is ready and willing to abide by any terms and conditions that would be imposed by this Court in the event he is released on bail.

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Learned counsel for the State, on the other hand, opposed the release of the Petitioner on bail on the ground of seriousness and gravity of the allegation. He further contended that investigation is still on. He further contended that in the event the Petitioner is released on bail, there is every likelihood that he might abscond from justice which would cause delay in conclusion of the investigation as well as delay in filing of the charge sheet.

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Having heard the learned counsels appearing for the respective parties and on a careful examination of the materials on record and further taking note of the fact that injuries sustained by the injured are simple in nature, this

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Page 2 of 3.

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Court is inclined to release the Petitioner on bail.

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Hence, it is directed that the Petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with two local solvent sureties each for the like amount to the satisfaction of the Court in seisin over the matter. The release of the Petitioner shall also be subject to the conditions that he shall not threaten/harass/terrorize the Informant-Wife and her family members in any manner whatsoever while on bail; and he shall provide a monthly interim maintenance of Rs.3,000/(Rupees three thousand) to the Informant-Wife until the same is varied/modified by the competent court. Violation of any of the terms and conditions shall entail cancellation of bail.

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The BLAPL is, accordingly, disposed of.

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Issue urgent certified copy of this order as per Rules.

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( Aditya Kumar Mohapatra) Judge

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Debasis

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Signature Not Verified

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Digitally Signed Signed by: DEBASIS AECH Reason: Authentication Location: ORISSA HIGH COURT Date: 28-Sep-2024 15:27:48

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Page 3 of 3.

Seshadeba @ Seshadeb Prusty v. State of Odisha

Case brief

What is this about?

What did the court decide?

Seshadeba @ Seshadeb Prusty v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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