Single judge allowed bail application for petitioners accused under Sections 498-A, 304-B, and 406/34 IPC. Court noted absence of specific allegations of torture or absconding and granted bail subject to terms fixed by the trial court.
Petitioners released on bail subject to such terms and conditions as deemed just and proper by the JMFC, Tirtol.
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BLAPL No.2599 of 2020
This is an application under Section 439 of the Cr.P.C. The petitioners are in custody for the alleged commission of offences under Sections 498-A, 304-B and 406/34 of the IPC read with Section 4 of the D.P. Act in G.R. Case No.966/2019 of the court of learned JMFC, Tirtol, arising out of Tirtol P.S. Case No.243/2019.
There is no allegation against the present petitioners. Only an omnibus allegation has been made against them. Moreover, there is no allegation that soon before the death of the deceased, these two petitioners put her to torture on demand for dowry. The petitioners are permanent residents of Banito, P.S. Tirtol, Dist. Jagatsinghpur, which precludes any reasonable apprehension of their absconding from the process of justice. There is no allegation from the prosecution side that the petitioners will tamper with the prosecution evidence, if they are released on bail.
Considering the aforesaid facts, the BLAPL is allowed. The petitioners shall be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the learned JMFC, Tirtol. The BLAPL is disposed of.
PCD
As Lock-down period is continuing for COVID-19, learned counsel for the petitioner may utilize the soft copy of this order available in the High Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No.4587, dated 25.03.2020.
……………………. S.K. Mishra, J.
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1 issue framed by the court
Whether bail should be granted to petitioners charged with offences of cruelty and dowry death where there are no specific allegations of torture or tampering with evidence.
2 provisions across 2 enactments
Petitioners
State
S.K. Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
