Kartik Lenka vs State Of Odisha

S.K. Sahoo, J

This matter is taken up by video conferencing mode. Heard learned counsel for the petitioner and learned counsel for the State.

This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Odagaon P.S. Case No.60 of 2020

corresponding to G.R. Case No.84 of 2020 pending in the Court of learned J.M.F.C., Odagaon for offences punishable under sections 498-A/302/304-

B/406 of the Indian Penal Code read with section 4 of the D.P. Act.

The petitioner moved an application for bail before the learned Sessions Judge, Nayagarh, which was rejected on 03.02.2021.

Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Sunita Nayak and he is in judicial custody since

03.05.2020 and he has been charge sheeted under sections 498-A/302/304-B/406 of the Indian Penal Code read with section 4 of D.P. Act. It is

further contended that the marriage between the petitioner and the deceased was solemnized nine months prior to the date of occurrence and the

occurrence in question took place on 10.03.2020 and the deceased committed suicide and as per the post mortem report, the cause of death of the

deceased was combined effect of venous congestion and asphyxia and ligature mark around the neck was noticed on the person of the deceased. He

further submitted that there is no clinching material on record to make out a case under section 302 of the Indian Penal Code and therefore, the bail

application of the petitioner may be favourably considered.

Learned counsel for the State produced the case diary and placed the statement of the brother of the deceased, namely, Susanta Nayak and also the

post mortem report.

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

circumstances under which the death has taken place, the post mortem report findings and further taking into account the period of detention of the

petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent

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

deem just and proper.

The BLAPL is accordingly disposed of.

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.

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