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Judgment
14 paragraphs · 393 wordsV. Narasingh, J
Heard learned counsel for the Petitioners and learned counsel for the State.
The Petitioners are accused in C.T. Case No.176 of 2023 pending on the file of learned S.D.J.M., Pallahara, arising out of Khamar P.S. Case No.74 of 2023 for commission of the offence under Sections 498-A/304-B/306/34 IPC and Section 4 of the D.P Act.
Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioners relating to the aforementioned P.S. Case is pending in any other Court.
Being aggrieved by the rejection of their application for bail U/s. 439 Cr.P.C by the learned Addl. Sessions Judge, Talcher by order dated 14.09.2023 in the aforementioned case, the present BLAPL has been filed.
It is submitted by the learned counsel that the Petitioners are in custody since 19.4.2023 and final form has been submitted on 14. 08.2023.
Relying on the recitals in the charge sheet it is further submitted that at the relevant time both the Petitioner No.1-husband and Petitioner No.2 brother-in-law were not present in the house.
Learned counsel for the Petitioners places reliance in the recitals in the charge sheet and submits that at the relevant time there was a quarrel between the husband and the wife over telephone and thereafter the mother-in-law demanded money and being upset she took away her life. Hence, their further continuance in custody is not warranted.
Learned counsel for the Petitioners also relies on the post-mortem report and submits that there was no injury other than the injury connected to the allegation under Section 306 IPC.
Learned counsel for the State opposes the prayer and submits that because of continuous demand of dowry and the torture on account of non-fulfillment of the same, the deceased was driven to commit suicide and in view of the role ascribed to the Petitioner No.1-husband and Petitioner No.2-brother-in-law, their bail application does not merit consideration of this Court.
Taking into account the nature of allegation qua the Petitioners, filing of the charge sheet recitals thereof and the post-mortem report, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin.
Accordingly, the BLAPL stands disposed of.
Urgent certified copy of this order be granted as per rule.
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