Back
S. K. SAHOO
Ananda Mohanty – Appellant
Versus
State of Odisha – Respondent
JUDGMENT
S.K. Sahoo, J. - This matter is taken up through Hybrid Arrangement (Video Conferencing/Physical Mode).
2. Heard learned counsel for the petitioners and learned counsel for the State.
3. This is an application under section 439 of Cr.P.C. in connection with S.T. Case No.10-10 of 2019 arising out of Nuagaon P.S. Case No.51 of 2018 pending in the Court of learned Additional Sessions Judge, Nayagarh for offences punishable under sections 498-A/304-B/302/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act.
4. The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Nayagarh which was rejected on 13.06.2022.
5. Learned counsel for the petitioners submitted that the petitioner no.1 is the father-in-law and petitioner no.2 is the husband of the deceased Tikina Mohanty @ Tikina Das respectively and they are in judicial custody since 04.09.2018 and they have been charge sheeted under sections 498-A/ 304-B/302/34 of the Indian Penal Code read with section 4 of the Dowry Prohibition Act. Learned counsel further submitted that the petitioner no.1 first approached this Court for bail in BLAPL No.1947 of 2019 which was rejected
The court considered the progress of the trial and the period of detention in judicial custody as factors in granting bail.
The court considered the nature of evidence, period of detention, absence of criminal antecedents, and change in circumstances as key factors in reconsidering the bail application.
The court reaffirmed that bail may be denied in cases involving serious charges, particularly when evidence suggests a strong case against the accused and the potential for influencing witnesses.
The court may grant interim bail considering the period of detention, absence of chance of tampering with evidence or absconding, and the progress of the trial, even if not inclined to release the pe....
The court has the discretion to grant bail under Section 439 of the Criminal Procedure Code, 1973, considering the circumstances of the case and the likelihood of a lengthy trial, without reflecting ....
The absence of specific allegations of demand of dowry or harassment soon before the death, coupled with prolonged custody and parental responsibilities, can be grounds for granting bail in cases inv....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
