Allowed

Prabhat Kumar Parida v. State of Odisha

Orissa HC1 Feb 2024BLAPL/8714/2023

Case brief

AI extract

What is this about?

Regular bail application under Section 439 Cr.P.C. in a case of alleged abetment of suicide and cruelty by the husband, with omnibus allegations, charge-sheet filed and pre-trial detention since March 2023; the court admitted the petitioner to bail with conditions.

What did the court decide?

Petitioner admitted to bail on furnishing bond of Rs.25,000 with two solvent sureties for like amount, subject to conditions including attendance at trial and not leaving court's jurisdiction.

Prabhat Kumar Parida 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.8714 of 2023

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Prabhat Kumar Parida

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… Petitioner

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Mr. D. Routray, Advocate

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-versus-

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State of Orissa

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… Opposite Party Mrs. S.R. Sahoo, ASC

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Order No.

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05.

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CORAM: JUSTICE G. SATAPATHY ORDER(ORAL) 01.02.2024

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

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This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Mancheswar P.S. Case No. 108 of 2023 corresponding to C.T. Case No.317 of 2023 pending in the file of learned JMFC-II, Bhubaneswar, Dist-Khurda for commission of offences punishable under Sections 498-A/306/406 of IPC, on the allegation of abetting commission suicide of his wife by subjecting her to torture and cruelty and misappropriating the dowry articles.

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Heard, Mr. D. Routray, learned counsel appearing for the Petitioner virtually and Mrs. S.R. Sahoo, learned ASC in the matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of

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offence as alleged against the Petitioner, so also the accusations made against him and regard being had to the pre trial detention of the Petitioner since 29.03.2023 with submission of charge-sheet in the meanwhile and taking into account the fact that some omnibus allegation has been made against the Petitioner, this Court admits the Petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

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(i) the petitioner shall not commit any offence while on bail,

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(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 offence U/S.229-A of IPC in accordance with law ,

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(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating his present address of stay.

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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 petitioners in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

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Accordingly, the BLAPL stands disposed of.

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Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Priyajit

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Signature Not Verified

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Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 02-Feb-2024 15:16:58

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Prabhat Kumar Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

Prabhat Kumar Parida v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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