Arun Singh @ Arun Kumar Singh vs State Of Odisha

S.K. Sahoo, J

Both the matters are taken up by video conferencing mode.

Heard learned counsel for the petitioners and learned counsel for the State.

Since both the bail applications under section 439 of Cr.P.C. are in connection with C.T. Case No.203 of 2021 arising out of Jaleswar P.S. Case

No.97 of 2021 pending in the Court of learned J.M.F.C., Jaleswar for offences punishable under sections 498-A/302/34 of the Indian Penal Code, with

the consent of the parties, those are heard analogously and disposed of by this common order.

The petitioners moved an application for bail before the Court of learned Addl. Sessions Judge, Balasore Circuit Court at Jaleswar which was rejected

on 02.04.2021.

Learned counsel for the petitioners submits that the petitioner in BLAPL No.2946 of 2021 namely Arun Singh @ Arun Kumar Singh is the husband

and petitioners in BLAPL No.2941 of 2021 namely Nimain Singh and Malati Singh are the parents in law of the deceased Nirupama Singh and the

marriage between the deceased and petitioner Arun Singh @ Arun Kumar Singh was solemnized in the year 2006 and they were blessed with two

sons who were aged about twelve years at the time of occurrence and eight years and the occurrence in question took place on 13.03.2021 and as per

the post mortem report, the cause of death of the deceased was suspected to be poisoning and no injury was detected on the person of the deceased

and subsequently the chemical analysis report also confirmed that it is a case of ingestion of organo phosphorous insecticidal poison. Learned counsel

further submits that in absence of any clinching material on record against the petitioners, the bail application may be favourably considered.

Learned counsel for the State on the other hand produced the case diary and opposed the prayer for bail and placed the statement of Ganesh Chandra

Singh, the co-villager of the petitioners who stated about the domestic quarrel between the petitioners and the deceased and he also placed the

statement of Bhagabat Dey, the father of the deceased who apart from stating that there was physical and mental torture on the deceased stated that

when he arrived at the scene of occurrence, the petitioners were found absent.

Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioners, the surrounding

circumstances under which the deceased died, the post mortem report as well as the chemical examination report findings and the period of detention

of the petitioners in judicial custody, I am inclined to release them on bail.

Let the petitioners be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000.00 (rupees fifty thousand) each with two local solvent

sureties each for the like amount to the satisfaction of the Court in seisin over the matter with further terms and conditions as the learned Court may

deem just and proper.

Accordingly, both the bail applications are allowed. As the restrictions due to resurgence of COVID-19 situation are continuing, learned counsel for

the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the

concerned advocate, in the manner prescribed vide Court’s Notice No.4587, dated 25th March 2020 as modified by Court’s Notice No.4798

dated 15th April 2021.