G. Satapathy, J
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Rupsa P.S. Case No.80 of 2023 corresponding to C.T. Case No.558 of 2023 pending in the file of learned J.M.F.C.(R), Balasore, being charge-sheeted for commission of offences punishable U/Ss.498-A/304-B/306/34 of IPC read with Section 4 of DP Act, on the allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty for demand of dowry prior to her death.
3. Heard, Mr. S. Dwibedi, learned counsel for the petitioner and Mr. B.K.Ragada, learned AGA in the present matter and perused the record.
4. After having considered the rival submissions and taking into consideration the nature and gravity of offences as alleged against the petitioner, as also the accusations sought to be brought against him and regard being had to the submission of charge sheet in the mean while by deleting the offence U/S. 302 of IPC and taking into account the pre-trial detention of the petitioner in custody since 12.08.2023 and further keeping in view the cause of death of the deceased and release of co-accused persons Damodar Nayak and another on bail in BLAPL No. 12150 of 2023 and last but not the least, trial having not commenced in the interregnum, this Court without expressing any opinion on the merits of the case grants bail to the petitioner.
5. 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) 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:-
(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 offence U/S.229-A of IPC in accordance with law and
(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.
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 type of offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
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