Bail application filed by a father-in-law detained in a dowry death case. Court allowed bail citing omnibus allegations, no charge against petitioner specifically, wife already released on bail, and no risk of absconding.
Petitioner released on bail in G.R. Case No.51 of 2017 arising out of Itamati P.S. No.15 of 2017.
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BLAPL No.3428 of 2017
12.07.2017
Heard the learned counsel for the petitioner and the learned counsel for the State.
The petitioner being in custody in G.R. Case No.51 of 2017, arising out of Itamati P.S.
Case No.15 of 2017, pending in the court of the learned S.D.J.M., Nayagarh, has filed this pe
tition for his release on bail. The offences alleged against him are punishable under Sections
498-A/304-B/302/201 read with Section 34 of IPC and Section 4 of the D.P. Act.
It appears from the materials on record that the deceased married the son of the petiti
oner. Soon after the marriage, it is alleged that the in-law members including the husband sta
rted torturing her demanding more dowry and subjected her to cruelty both mentally and physica
lly. It is further alleged that they killed the deceased and disposed of her dead body. It app
ears that the deceased died within seven years of marriage.
Learned counsel for the petitioner submits that since the allegations against the petit
ioner are omnibus in nature and no specific overt act has been alleged against the petitioner
who happens to be the father-in-law of the deceased, he deserves to be released on bail, more
so when the mother-in-law of the deceased has already been released on bail by this Court vide
order dated 02.05.2017 passed in BLAPL No.2127 of 2017 and the petitioner has no chance of ab
scondance or tampering with the prosecution evidence, if released on bail.
Learned counsel for the State, however, opposes the prayer for bail.
Regard being had to the facts and submissions made, especially the nature of accusation
, character of supportive materials appearing against the petitioner in support of the charge,
circumstances in which the offences alleged to have been committed, factum of completion of i
nvestigation, also the fact that the mother-in-law of the deceased has already been released o
n bail by this Court in the aforesaid bail application and hardly any material being there to
suggest that the petitioner is likely to abscond or tamper with the prosecution evidence, if e
nlarged on bail, I am of the view that the petitioner in this case deserves to be released on
bail.
Hence, the petitioner be released on bail in the aforesaid case by the Court in seisin
over the matter on such terms and conditions as it would deem just and proper.
Accordingly, the BLAPL stands disposed of being allowed.Urgent certified copy of this order be granted on proper application. S.Pujahari, J.
2
3 issues framed by the court
Whether the petitioner, a father-in-law accused of dowry death offences, should be released on bail.
Whether the omnibus nature of allegations and lack of specific overt acts warrant bail.
Whether there are indications that the petitioner is likely to abscond or tamper with evidence.
4 provisions across 2 enactments
The Petitioner
The State
S. Pujahari
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court