Manoj Behera @ Manmath Behera vs State Of Odisha

D.Dash, J

This matter is taken up through video conferencing mode.

The Petitioner being in custody in connection with Baliapal P.S. Case No.78 of 2021 corresponding to C.T. Case No.328 of 2021 on the file of

learned J.M.F.C., Basta running for commission of offence under sections 498-304-B/302/34 of the IPC read with section 4 of D.P. Act, has filed this

application under section 439 of the Cr.P.C. for his release on bail.

3. Learned counsel for the petitioner submits that the petitioners being the brother-in-law of the deceased has been placed to face the trial for

offence under 498-304-B/302/34 of the IPC read with section 4 of D.P. Act. It is his submission that simply on the basis of the general allegation that

this petitioner was demanding dowry, torturing the deceased, he has been implicated in the case and is in custody. It is his submission that the post

mortem report is silent with regard to the fact that the death has caused by user of any external force and no such features suggestive of physical

violence has also been detected. In view of all these above, when there remains no scope on the part of the petitioner to flee from justice and the

question of tampering the evidence in the facts and circumstances of the case does not arise; he urges for release of the petitioner on bail as

according to him, further detention of the petitioner till conclusion of the trial would serve no such useful purpose.

4. Learned counsel for the State opposes the move. According to him, the deceased having died after a short period of marriage and not under

normal circumstance, on the face of the allegation of demand and torture, presumption under section 113-A/113-B of the Evidence Act as to the

complicity of the petitioner stands drawn.

5. Taking into account the submissions made; further keeping in view the materials on records as those stand against the petitioner with other

surrounding circumstances including the period of detention of the petitioner in custody and in the absence of any such impediment; it is directed that

the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court.

The BLAPL is accordingly disposed of.

6. 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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