This order grants bail to the petitioner accused of dowry offences and culpable homicide by suicide. The court held that facts and the dying declaration showed innocence and found risk of flight low.
Petitioner released on bail with Rs.50,000 bond and two sureties each for like amount subject to conditions.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BLAPL No.7391 of 2016
2.1.2017
Heard learned counsel for the petitioner and learned counsel for the informant and lea
rned Addl. Standing Counsel on the application under section 439 Cr.P.C. for release of the pe
titioner on bail who allegedly involved for the offence under Sections 498-A/323/506/307/34 I.
P.C. and section 4 of D.P. Act.
Learned counsel for the petitioner submits that the deceased committed suicide due to
torture meted out to her by her mother-in-law, sister-in-law and brother-in-law and the presen
t petitioner being the husband is innocent and he has been falsely implicated in this case. He
further submits that during dying declaration the deceased has also made statement stating th
at the petitioner is innocent and he has no hand in commission of suicide by her, for which le
nient view may be taken to release the petitioner on bail on any condition as deemed just and
proper. Learned State Counsel opposes the prayer for bail.
Considering the submissions of learned counsel for the respective parties, regard bein
g had to the facts and circumstances of the case including the dying declaration of the deceas
ed and the statement recorded by the police under section 161 Cr.P.C. and other materials reco
rd hardly showing involvement of the petitioner torture to the deceased which led her to commi
t suicide and that the petitioner being a local person there is no chance of his absconding or
influencing the witnesses, let the petitioner be released on bail on furnishing bail bond of
Rs.50,000.00 (rupees fifty thousand) with two solvent sureties each for the like amount to the
satisfaction of the learned J.M.F.C. (Rural), Rourkela in G.R. Case No.667 of 2016 with the c
onditions that (i) The petitioner
shall appear before the Investigating Officer on each Sunday at 10:00 AM for investigation til
l submission of F.F.; (ii) he shall not tamper with the prosecution witnesses directly or indi
rectly; and (iii) he shall not commit any offence while on bail.
Violation of any of the aforesaid terms shall entail cancellation of the bail.Accordingly, the BLAPL is disposed of.Urgent certified copy of this order be granted on proper application.Dr.D.P.Choudhury, J.2
1 issue framed by the court
Whether the petitioner should be released on bail in a death proceeding involving 498A IPC charges where the deceased committed suicide.
1 provisions across 1 enactments
Petitioner
Informant
Dr.D.P.Choudhury
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court