Allowed

Daini Nahak @ Daini Naik v. State of Odisha

Orissa HC14 Oct 2020BLAPL/2629/2020

Case brief

AI extract

What is this about?

This bail application under section 439 Cr.P.C. concerning a charge of murder was dismissed by the lower court. This High Court allowed the bail application, directing the petitioner's release on furnishing a bond of Rs. 20,000 with two sureties, considering the nature of the accusation and the petitioner's custody period.

What did the court decide?

Petitioner released on bail on furnishing a bond of Rs. 20,000 with two local solvent sureties each for the like amount.

Daini Nahak @ Daini Naik Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2020)

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BLAPL No. 2629 of 2020

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DAINI NAHAK @ DAINI NAIK … PETITIONER

-VERSUS-

STATE OF ODISHA

... OPP.PARTY

14.10.2020 The matter is taken up through Video Conferencing.

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Heard the 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. in connection with Aska P.S. Case No.273 of 2019 corresponding to S.T. No. 12 of 2020 pending in the file of learned Addl. Sessions Judge, Aska for alleged commission of offences under sections 302/34 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Aska vide order dated 25.01.2020.

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Learned counsel for the petitioner submitted that the petitioner is in judicial custody since 25.08.2019, the occurrence in question took place on 23.08.2019 and the F.I.R. was lodged on 25.08.2019. He further submitted that the allegation against the petitioner, who is a lady, is that she gave kick blow to the private part of the deceased and the post mortem report indicates that the injury sustained by the deceased was ante mortem in nature and the cause of death was due to severe internal bleeding and sudden circulating collapse due to a

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lacerated heart chamber suspiciously caused by application of hard and blunt force for a prolonged period. He further submitted that the petitioner is having a son who is aged about ten years and therefore, the bail application may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail.

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Considering the submissions of the learned counsel of the respective parties, the nature of accusation against the petitioner, period of detention of the petitioner in judicial custody and also keeping in view the proviso to section 437(1) of Cr.P.C., 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.20,000/(rupees twenty 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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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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…………………..……

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S.K. Sahoo, J.

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PKSahoo

Daini Nahak @ Daini Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

Daini Nahak @ Daini Naik v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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