Allowed

Umakanta Malik v. State of Odisha

Orissa HC7 Sept 2020BLAPL/1034/2020

Case brief

AI extract

What is this about?

In an application under Section 439 Cr.P.C., the court granted bail to the petitioner, accused under IPC 498-A, 304-B, and Dowry Prohibition Act 4. Considering the nature of accusation and lack of direct material against the petitioner, the September 6, 2020 order allowed release.

What did the court decide?

Petitioner released on bail with a bond of Rs.50,000 and two local solvent sureties for the like amount.

Umakanta Malik Vs State of Odisha — Child Sexual Offences (POCSO) | Orissa HC (2020)

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BLAPL No. 1034 of 2020

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UMAKANTA MALIK … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

07.09.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 of Cr.P.C. for grant of bail to the petitioner in connection with Bhadrak Rural P.S. Case No. 613 of 2019 corresponding to G.R. Case No. 2156 of 2019 pending in the Court of learned S.D.J.M., Bhadrak for offences punishable under sections 498-A, 304-B, 306/34 of the Indian Penal Code and section 4 of the D.P. Act.

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The petitioner moved an application for bail before the learned Addl. Sessions Judge, Bhadrak, which was rejected on 18.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is the father-in-law of the deceased Manasi Mallik and he is in judicial custody since 23.11.2019 and he has been charge sheeted under sections 498-A, 304B, 306 read with section 34 of the Indian Penal Code and section 4 of the D.P. Act. It is further submitted that the marriage between the deceased and the son of the petitioner, namely, Jasobanta Malik was solemnized on 26.05.2019 and the deceased committed suicide on

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14.11.2019 and as per the post mortem report, the cause of death was on account of suicidal hanging. He further submitted except the ligature mark around the neck of the deceased, no other external injury was noticed by the doctor, who conducted the post mortem examination. He further submitted that there is no specific material against the petitioner to show that he had played any role in the death of the deceased and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, produced the case diary and opposed the prayer for bail. He placed the statement of Srinath Malik, the brother of the deceased who stated about torture by the in-laws to the deceased. He further submitted that the deceased was staying in the paternal place because of such torture and four days prior to her death, the husband of the deceased took her to the matrimonial house and then they came to know about the death of the deceased, which was intimated to them by the petitioner.

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Considering the submissions of the learned counsel for the respective parties, nature of accusation against the petitioner, surrounding circumstances under which the deceased committed suicide, the post mortem report findings and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing bail bond of Rs.50,000/-

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(rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court may deem just and proper.

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BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..…… S.K. Sahoo, J.

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PKSahoo

Umakanta Malik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Umakanta Malik v. State of Odisha

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

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