Allowed

Suratha Bhue v. State of Orissa

Orissa HC4 Jan 2017BLAPL/7682/2016

Case brief

AI extract

What is this about?

In exercise of powers under Section 439 Cr.P.C., the Court released the petitioner on bail in a case alleging offences under the IPC and Dowry Prohibition Act. The Court considered that no direct material showed complicity apart from dowry torture allegations.

What did the court decide?

Petitioner granted bail on furnishing a bond of Rs. 50,000 with two solvent sureties each, on conditions to appear in court and not tamper with witnesses or commit offences.

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/302/304(B)/34 I.P .C. read with section 4 of D.P. Act.

Learned counsel for the petitioner submits that the death of the deceased was caused a fter nine years of marriage and the petitioner is the husband of the deceased, for which presu mption of dowry death cannot be made out in this case. He further submits that there is no dir ect material to show the complicity of the present petitioner with commission of the offence e xcept the omnibus allegation about dowry torture. He further submits that co-accused has been released on bail by this Court and charge sheet in this case has been submitted, for which len ient view may be taken to release the petitioner on bail on any condition as deemed just and p roper. Learned Addl. Standing 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 post-mortem examination report and statements of the witnesses which hardly prove about direct overt act of the petitioner to cause death of the deceased, fact that co-accused has been released on bail by this Court and there is omnibus allegation about dowry torture, but the death occurred after nine years of the marriage, fact that charge sheet has been submitted and that the petitioner being a local person there is no chance of his absconding or influencing the witnesses, let the petitioner b e 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 S.D.J.M., Bargarh in C.T. Case No.693 of 2014 with the conditions that (i) The petitioner shall appear before the court in seisin over the matter on each date of posting; ( ii) he shall not tamper with the prosecution witnesses directly or indirectly; and (iii) he sh all not commit any offence while on bail.

Suratha Bhue v. State of Orissa

Case brief

What is this about?

What did the court decide?

Suratha Bhue v. State of Orissa

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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