Allowed

Gouranga Roul v. State of Odisha

Orissa HC23 Nov 2020BLAPL/2033/2020

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner, husband of a deceased woman who died from poisoning. The court considered the nature of accusations under IPC sections 302 and 498A, post-mortem findings, and the period of detention before ordering the petitioner's release on bail with sureties.

What did the court decide?

Petitioner released on bail upon furnishing a bond of Rs. 50,000 with two local solvent sureties.

Gouranga Roul Vs State of Odisha — Dowry and Cruelty | Orissa HC (2020)

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BLAPL No.2033 of 2020

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Gouranga Roul ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party

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23.11.2020 This matter is taken up through Video Conferencing.

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This is an application under section 439 of Cr.P.C. in connection with Simulia P.S. Case No.350 of 2019 corresponding to C.T. Case No.1196 of 2019 pending in the Court of learned J.M.F.C., Soro for the alleged commission of offences under sections 498A/302/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act.

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The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Balasore vide order dated 01.02.2020.

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Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Swarnalata Roul and he is in judicial custody since 16.12.2019 and has been charge sheeted 498A/302/304-B/34 of the Indian Penal Code read with section 4 of the D.P. Act. It is further contended that the marriage between the petitioner and the deceased was solemnized on 17.01.2016 and the petitioner and the deceased were staying together at Surat where the petitioner was working. On 30.11.2019 the deceased consumed poison on account of domestic quarrel for which she was shifted to the hospital and while

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undergoing treatment, she expired on 01.12.2019 and the chemical examination report indicates that it is a case of poisoning and no external injury was noticed on the person of the deceased as per the post mortem report. He further submits that there is no clinching material on record to submit charge sheet under section 302 of the Indian Penal Code and therefore, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the case diary and placed the statement of the father of the deceased namely Laxman Roul.

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Considering the submissions made by the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding circumstances under which the death of the deceased has taken place, the post mortem and chemical examination report findings and further 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 a bail bond of Rs.50,000/(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

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proper.

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

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…………………..…… S.K. Sahoo, J.

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Gouranga Roul v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gouranga Roul v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

Parties & counsel

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