High CourtsSingle Bench(2023) 05 OHC CK 0201

Dhaneswar Sethi @ Sethy @ Baidhar vs State Of Odisha

Orissa High Court · Decided on 12 May 2023

HON’BLE JUDGES
Sashikanta Mishra, J
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 980 Of 2023

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Judgment

10 paragraphs · 254 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

The petitioner is in custody since 09.09.2021 in connection with C.T. (SS) No.13 of 2022 arising out of Dhenkanal Town P.S. Case No.365 of 2021 pending in the Court of learned Senior Civil Judge, Women’s Court -cum- ASJ, Dhenkanal for commission of offences under Sections 498-A/302 of I.P.C. and Section 4 of the D.P. Act.

3.

The bail application was earlier rejected by this Court in BLAPL No.640 of 2022 in granting him liberty to renew his prayer after examination of some material witnesses.

4.

The present application has been filed as in the meantime, nine witnesses have already been examined.

5.

Perusal of the copies of depositions of the said witnesses reveals that none of them has implicated the petitioner in the alleged offence.

6.

Considering the above fact as also the period of detention of the petitioner in custody, I am inclined to take a lenient view in the matter. Let the petitioner be released on bail on such terms and conditions as may be imposed by the Court in seisin over the matter in the aforesaid case including the condition that he shall appear before the trial Court on each date of posting of the case and in case of even a single default, necessary orders shall be passed by the Court to take him to custody again.

7.

The BLAPL is accordingly disposed of.

8.

Urgent certified copy of this order be granted on proper application.

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