Rajan @ Rajendra Swain vs State Of Odisha

D.Dash, J

This matter is taken up through video conferencing mode.

The Petitioner being in custody in connection with Abhachandrapur P.S. Case No.08 of 2021 corresponding to G.R. Case No.1230 of 2021 on the

file of learned J.M.F.C.(P), Kujang running for commission of offence under sections 498-A/306 IPC, has filed this application under section 439 of

the Cr.P.C. for his release on bail.

Learned counsel for the Petitioner submits that the Petitioner being the husband of the deceased has been implicated in case as the deceased

committed suicide by taking poison. He further submits that marriage had taken place ten years before the incident and the allegations with regard to

demand of dowry and torture etc. are all false and omnibus in nature without citing any particular incident assigning specific role to the Petitioner

therein. He further submits that the doctor conducting post mortem has not noticed any other external injuries suggestive of physical violence

sometime before the incident. In view of all these above, when the investigation has made substantial progress and there remains no scope on the part

of the Petitioner to flee from justice or tamper the evidence; he urges for grant of bail to the Petitioner.

Learned counsel for the State submits that the investigation is by now complete and the accused had also been placed in trial for commission of

offence under section 306 IPC. He however opposes the move on the ground that the Petitioner being the husband and as none has stated that the

deceased had any reason to commit the suicide on the face of the materials available to show that the conduct and behaviour of this Petitioner

towards the deceased was not cordial and rather repulsive; culpability of this Petitioner for the offence under section 306 IPC stands.

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 on going through the order passed by the learned

Additional District & Sessions Judge; 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 in seisin of the case with further conditions that he will not terrorize or threaten

the prosecution witnesses in any manner and will appear in person before the court in seisin of the case on each date of posting of the case till

conclusion of the trial.

Violation of any of the above condition(s) shall entail cancellation of bail.

The BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

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