Kalu Charan Swain vs State Of Odisha .... Opposite Party on 6 March, 2023

[Cites 7, Cited by 0]

Orissa High Court

Kalu Charan Swain vs State Of Odisha .... Opposite Party on 6 March, 2023

Bench: V. Narasingh

                 IN THE HIGH COURT OF ORISSA AT CUTTACK

                                     BLAPL No.1544 of 2023

             Kalu Charan Swain                    ....                  Petitioner
                                                       Mr. M. Acharya, Advocate
                                            -versus-

             State of Odisha                      ....             Opposite Party
                                                         Mr. P.K. Maharaj, ASC

                               CORAM: JUSTICE V. NARASINGH

                                         ORDER

06.03.2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in S.T. No.64 of 2022 pending on the file of learned Addl. Sessions Judge, Aska arising out of Sheragada P.S. Case No.186 of 2022.

3. Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Addl. Sessions Judge, Aska, by order dated 09.01.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner, is the husband, is in custody since 19.06.2022 on the allegation of commission of offence under Sections 498-A/302/304-B/34 IPC and Section 4 of the D.P Act.

Page 1 of 2

5. It is further submitted that after investigation, charge sheet has been filed on 13.08.2022 under Section 306 IPC and other allied Sections.

6. Referring to the post-mortem report in which it is stated the external injury is consistent with ligature mark of hanging, learned counsel for the Petitioner seeks release.

7. Learned counsel for the State relying on the version of sister of the victim (C.W.5) opposes the prayer for bail and submits that because of consistent demand of dowry the victim was driven to take the extreme step and merely because charge sheet under Section 306 IPC has been filed the Petitioner ought not to be released on bail.

8. Considering the period of custody, filing of the charge sheet as noted and the nature of allegation, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

9. Accordingly, the BLAPL stands disposed of.

10. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS Page 2 of 2

Unlock Advanced Research with PRISMAI

Orissa High Court