Ratnakar Buda vs State Of Odisha

G. Satapathy, J

This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

This is a bail application U/S.439 of Cr.P.C. by the petitioner for grant of bail in connection with Deogarh P.S. Case No.497 of 2022 arising out of C.T. Case No.793 of 2022 pending in the file of learned SDJM, Deogarh, for commission of offences punishable under Sections 498-A/304-B/302/34 of IPC read with Section 4 of D.P. Act, but subsequently charge-sheeted for offence under Sections 498-A/304-B/306/34 of IPC read with Section 4 of D.P. Act, on the allegation of committing dowry death and abetment of suicide of his wife by subjecting her to torture and cruelty prior to her death for demand of dowry.

Mr. A.K. Sahoo, learned counsel for the Petitioner submits that although there appears some allegation against the Petitioner, but the FIR was lodged after a gap of one year and four months of the occurrence and the Petitioner has already suffered a lot by remaining in jail since 22.12.2022 and the baby child of the deceased is also with the Petitioner and, therefore, the Petitioner may kindly be granted bail.

On the other hand, Mr. S.S. Pradhan, learned AGA, however, strongly opposes the bail application of the Petitioner.

On being asked, learned AGA clarifies that although a requisition was issued to the concerned Doctor for recording of dying declaration, but the victim and her attendants at the time of treatment, made statement before the Doctor that the incident was outcome of an accident.

After having considered the rival submissions made and taking into consideration the nature and gravity of accusations raised against the petitioner and keeping in view the pre trial detention of the Petitioner since 22.12.2022 and delay in lodging of FIR a considerable period of one year and four months and taking into account the other circumstances on record in entirety including the opinion of the Doctor as to cause of death of the deceased in the Post Mortem Report, this Court admits the petitioner to bail.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:-

(i) the petitioner shall not commit any offence while on bail,

(ii) the petitioner shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with,

(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case.

It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave and serious offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of.

Issue urgent certified copy of the order as per Rules.

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