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Chittaranjan Ghadei @ Bulu vs State Of Odisha

Orissa High Court · Decided on 11 July 2023 · Citation: (2023) 07 OHC CK 0075

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 109, 304B, 306, 494, 498A · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 3978 Of 2023
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Judgment

15 paragraphs · 354 words

V. Narasingh, J

1.

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

2.

The Petitioner is an accused in G.R. Case No.174 of 2022 pending on the file of learned J.M.F.C. Bhapur arising out of Fategarh P.S. Case No.181 of 2022 for commission of offence alleged under Sections 498-A/304-B/306/494/34/109 IPC and Section 4 of the D.P Act.

3.

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned ADJ-cum-Special Court under POCSO Act, Nayagarh by order dated 6.4.2023 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioner is in custody since 2.12.2022 and as charge sheet has been filed on 31.3.2023, further continuance of the Petitioner in custody, who is the brother- in-law of the deceased, is not warranted.

5.

Learned counsel for the State relying on the statement of C.W.1 mother of the deceased submits that this is a case of poisoning and the same was given in the name of medicine by the Petitioner and his wife who visited to the house of the deceased to take her back with her to the matrimonial house.

6.

Learned counsel for the Petitioner draws the attention of this Court to the statement of Ritesh Bhola cited as C.W.3 indicating that the deceased consumed insecticide poison.

7.

Learned counsel for the Petitioner has also placed reliance on the brief facts as cited in the charge sheet indicating thus:

“….Out of traumatic condition she consumed insecticide poison in absence of her parents.”

8.

Considering the materials on record, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9.

Accordingly, the BLAPL stands disposed of.

10.

Learned counsel for the Petitioner does not want to press I.A No.792 of 2023 for interim bail. He has filed a memo to that effect. The same is taken on record.

11.

The I.A No.792 of 2023 stands disposed of as not pressed.

12.

Urgent certified copy of this order be granted as per the rules.

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