Orissa High Court
BLAPL/4572/2021 on 23 June, 2021
Author: D. Dash
Bench: D. Dash
BLAPL NO. 4572 OF 2021
02. 23.06.2021: The matter is taken up through video conference mode.
The Petitioner being husband of the deceased who is in
custody in connection with Mangalpur P.S. Case No.241 of 2021
corresponding to C.T. Case No.969 of 2021 on the file of learned
S.D.J.M., Jajpur running for alleged commission of offence
under section 498-A/304-B/34 of the IPC read with section 4 of
the D.P. Act, 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 wife
of the Petitioner having died due to asphyxia followed by
drowning after seven years of marriage; on the general allegation
that the Petitioner was demanding dowry and torturing her for
non-fulfillment of the same and that at times they were
quarrelling as the deceased was suspecting the character of the
Petitioner; he has been falsely implicated on the case. He further
submits that the allegation with regard to demand and torture as
well as the quarrel are omnibus in nature without citing any such
specific incident and assigning specific role to the Petitioner
therein. He further submits that the post mortem examination of
the deceased shows that her death was due to "asphyxia
following drowning". It is submitted that in course of
investigation it has come to light that the Petitioner used to work
outside and at times was coming home to see all. It is stated that
when the prosecution has come up with a case that the deceased
was remaining under depression for the extra marital relationship
of the Petitioner with the wife of his deceased elder brother, the
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materials on record reveal that since the year 2015, she has been
suffering from breast cancer and undergoing treatment at
A.H.RCC, Cuttack. In view of all these above, as there remains
no scope on the part of the Petitioner to flee from justice and
tamper the evidence; he urges for grant of bail to the Petitioner
as according to him, further detention of the Petitioner in
custody till conclusion of the trial would serve no useful purpose
and for the such detention of the Petitioner, his family members
including two children would face the real sufferings.
Learned counsel for the State submits that since the wife
of the Petitioner has died on account of drowning in a pond, on
the face of the allegation as to demand of dowry and torture
upon her, culpability of the Petitioner who is none other than the
husband of the deceased.
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 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 condition that he will not threaten or terrorize
the prosecution witnesses in any manner.
The BLAPL is accordingly disposed of.
As the restrictions due to resurgence of COVID-19
situation are continuing, learned counsel for the parties may
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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.
..........................
D. Dash, J.
Aks