Orissa High Court
Sayed Mehefuj Alli vs Vrs on 26 February, 2021
Author: S. K. Panigrahi
Bench: S. K. Panigrahi
CORAM: HON'BLE SHRI JUSTICE S. K. PANIGRAHI
BLAPL No. 6894 of 2020
Sayed Mehefuj Alli ... Petitioner
Vrs.
State of Odisha ... Opp. Party
03. 26.02.2021 Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner is in custody in connection
with Sadar PS Case No.294 of 2020 corresponding
to GR Case No.1235 of 2020, pending in the court
of the learned JMFC (Rural), Cuttack registered for
the alleged commission of offence under Sections
341, 323, 307, 506/34 of the IPC, has filed this
application under Section 439 of CrPC for his
release on bail.
The brief fact of the case is that the informant
is the wife of the petitioner and she has been
residing separately since near about one year. It
was alleged in the FIR that on 03.06.2020 night,
the informant had been to the house of the
petitioner to have conjugal life as usual. On the
fateful night, the petitioner had invited the
informant to his house, where a consensual sexual
relationship was established between them. Then
the petitioner suggested for his second marriage
since the informant is not able to bear a child. On
such suggestion, informant protested and petitioner
2
tried to take away her life by drowning her in the
nearby pond. Neighbours noticed this fact.
Learned counsel for the petitioner submits
that the case has been committed to the court of
learned Sessions Judge, Cuttack in ST Case No. 12
of 2021. He further submits that the petitioner is
the husband of the informant. The informant had
also earlier filed FIR against her husband. The
petitioner has been in custody since 17.08.2020.
Learned counsel for the State vehemently
opposed the bail prayer of the petitioner.
Considering the submissions made, facts and
circumstances of the case, it is directed that
the petitioner be released on bail with some
stringent terms and conditions as deemed just and
proper by the learned Sessions Judge, Cuttack in
ST Case No.12 of 2021 with further conditions
that:-
i) the petitioner shall appear before the
learned trial court on each date of
posting of the case;
ii) he shall not threaten or coerce the
informant in any manner and
iii) he shall not tamper the evidence of
the prosecution witnesses in any
manner.
Violation of any of the conditions shall
entail cancellation of the bail.
The BLAPL is accordingly disposed of.
Issue certified copy of this order on proper
application.
.............................
S. K. Panigrahi, J.
AKP