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Tunibala Sahu And Another vs State Of Odisha

Orissa High Court · Decided on 16 August 2023 · Citation: (2023) 08 OHC CK 0096

HON’BLE JUDGES
V. Narasingh, J
ACTS & SECTIONS REFERRED
Code of Criminal Procedure, 1973 — Section 439 · Indian Penal Code, 1860 — Section 34, 302, 304B, 306, 406, 498A
RESULT
Disposed Of
CASE NUMBER
Bail Application No. 164 Of 2023
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Judgment

13 paragraphs · 383 words

V. Narasingh, J.

1.

Heard learned counsel for the petitioners and learned counsel for the State.

2.

The petitioners are accused in connection with G.R. Case No. 91 of 2022, pending before the Court of the learned Dist. & Sessions Judge, Rayagada, arising out of Rayagada P.S. No. 157 of 2022 for alleged commission of offences under Sections 498-A/302/304-B/306/406/34 of IPC read with Sec. 4 of the D.P. Act.

3.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Special Judge, Rayagada, by order dated 24.11.2022 in the aforementioned case, the present BLAPL has been filed.

4.

It is submitted by the learned counsel that the Petitioners-in-laws are in custody since 26.06.2022 and as final form, which is on record has been filed on 21.10.2022, keeping in view the general nature of allegations, they may be released on bail.

5.

Referring to the post mortem report, it is submitted by the learned counsel for the Petitioner that there is no indication that it’s a case of ingestion of poison.

6.

Learned counsel for the State opposes the prayer relying on the statement of the Saroj Kumar Sahoo, informant and father of the victim, who has spoken in detail about the manner in which the victim was harassed which resulted in her death.

7.

In the post mortem report, it has been stated that death is due to Asphyxia on account of phosphorous poisoning. However, viscera is preserved and sent for further Forensic Examination.

8.

Considering that the Petitioners are in-laws and taking into account the nature of allegation, this Court directs the Petitioners to be released on bail on such terms to be fixed by the learned court in seisin over the matter.

9.

On receipt of viscera report if it comes to the fore, that death is not due to poisoning, it shall open to the prosecution to take steps in the light of the order of the Apex Court in the case of Ms. X Vrs. The State of Maharashtra and another (2023 SCCC Online SC 279) affirming its earlier judgment in Pradeep Ram V. State of Jharkhand and another reported (2019) 17 SCC 326.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rules..

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