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Narendra Das vs State Of Odisha

Orissa High Court · Decided on 21 September 2023 · Citation: (2023) 09 OHC CK 0145

HON’BLE JUDGES
Sashikanta Mishra, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 304A, 498(A) · Dowry Prohibition Act, 1961 — Section 4
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 9960 Of 2023
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Judgment

8 paragraphs · 289 words

Sashikanta Mishra, J

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioner and learned Addl. Standing Counsel for the State.

3.

The petitioner is in custody since 31.03.2022 in connection with Gondia P.S. Case No.86 of 2022 corresponding to C.T. (Sessions) Case No.213 of 2022 pending in the Court of learned Addl. Sessions Judge-Dhenkanal for the alleged commission of offence under Sections 498(A)/302/304-B/34 of IPC read with Section 4 of D.P. Act.

4.

It is alleged that the petitioner, who is the husband of the petitioner subjected her to cruelty in connection with demand for dowry along with his family members. It is further alleged that he killed the deceased and portrayed it as an act of suicide. Learned counsel for the petitioner submits that the allegations made by the prosecution have no basis inasmuch as all the material witnesses examined by the prosecution including the family members of the deceased have turned hostile by resiling from their previous statements. Copies of the depositions of the informant (P.W.- 1) and other family members have been enclosed to the bail application.

5.

Under such circumstances, there is considerable force in the submission of learned counsel for the petitioner that there is no acceptable evidence to show the involvement of the petitioner in the alleged occurrence. In such view of the matter, the prayer for bail is allowed. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without fail.

6.

BLAPL is accordingly disposed of.

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