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2025 DAILYLAW 50446 (ORI)

SATYAJIT MALLICK v. STATE OF ODISHA

BLAPL/7994/2024 · 2025-03-28

Gourishankar Satapathy

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7994 of 2024 Satyajit Mallick … Petitioner Mr. D. Das, Advocate -versus- State of Odisha … Opposite Party Mr. A.K. Apat, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.03.2025 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 4th successive bail application U/S.439 of CrPC by the petitioner for grant of bail in connection with Chandili P.S. Case No.19 of 2022 corresponding to C.T. Case No.51 of 2022 pending in the file of learned Addl. District & Sessions Judge, Rayagada for commission of offences punishable U/Ss.498-A/304(B)/306/34 of IPC r/w. Section 4 of DP Act, on the main allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty prior to her death for demand of dowry. 3. Heard, Mr. Debasnan Das, learned counsel for the petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record. At the outset, Mr. Das apprises this Court that this is the 4th bail application of the petitioner, but no bail application is pending before any other forum except this one. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à- vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 01.02.2022 and taking into account the other circumstances on record in entirety with examination of 25 out of 34 charge sheeted witnesses with last witness being examined one year before on 15.03.2023 and keeping in view no witness being examined for the last one year and taking into account the evidence of witnesses already examined, this Court without expressing any view on merits, admits the petitioner to bail. 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.50,000/- (Rupees Fifty 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:- (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.269 of BNS,2023 in accordance with law and (iii) 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 I.I.C. of 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 any grave/similar offence 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. (G. Satapathy) Judge S.Sasmal