Regular bail application under Section 483 BNSS by a man charge-sheeted for offences punishable under Sections 498-A/304-B/306 IPC over his wife's dowry death and suicide. Considering gravity of allegations, pre-trial detention since May 2024 and charge-sheet submission, the court granted bail on bonds with conditions including periodic police reporting.
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IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 8691 of 2024
Riku Naik
Petitioner
Mr. D.R. Swain, Advocate
-versus-
State of Odisha
… Opposite Party
Mr. A. Pradhan, ASC
CORAM: JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No.
05.12.2024
02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
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of the offence as alleged against the petitioner vis-àvis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 25.05.2024 with submission of charge sheet in the meanwhile and keeping in view the opinion of autopsy conducting Doctor as to the cause of death of the deceased in the post-mortem 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.
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is 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
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offence U/S.229-A of IPC in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on 2nd Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody.
The IIC of the Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.
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 Act on prima facie accusations may be treated as a ground for cancellation of bail in this case.
Signature Not Verified S. Sasmal
S. Sasmal
(G. Satapathy) Judge
Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr.Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Dec-2024 14:20:34
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1 issue framed by the court
Whether the petitioner accused of dowry death and abetment of suicide of his wife should be admitted to regular bail.
5 provisions across 2 enactments
Riku Naik
State of Odisha
G. Satapathy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
