Single judge bail application for accused charged with dowry death and murder. Court granted bail citing lack of direct evidence, PMR findings showing no external injury, and weak circumstantial case.
Petitioner released on bail on furnishing bond of Rs.50,000 with two local solvent sureties.
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BLAPL No. 839 of 2020
Uttam Sahoo @ Papu ……. Petitioner -Vrs.- State of Odisha ……. Opp. Party
This matter is taken up through Video Conferencing.
Heard the learned counsel for the petitioner and learned counsel for the State.
This is an application under Section 439 Cr.P.C. in connection with G.R. Case No.630 of 2019 arising out of Mahanga P.S. Case No.159 of 2019 pending in the Court of learned J.M.F.C., Salipur for offences punishable under sections 498-A/302/201 of the Indian Penal Code.
The petitioner moved an application for bail before the learned Addl. Sessions Judge, Salipur which was rejected on 09.01.2020.
Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased Harapriya Sahoo and he is in judicial custody since 09.09.2020 and he has been charge sheeted under sections 498-A/302/201 of the Indian Penal Code and there is no direct evidence against the petitioner relating to the commission of murder and in view of the post mortem report findings, it is doubtful whether it is a case of murder and the post mortem report indicates that there was no external injury sustained by the deceased and it was due to the entry of the water into the air passage of the body for which death has occurred and
the dead body was found floating in a river. He further submitted that the materials available on record indicates that the petitioner was a driver of one Susanta Sahoo who was having illicit relationship with the deceased and in the absence of any clinching material on record against the petitioner, the bail application may be favourably considered.
Learned counsel for the State, on the other hand placed the 164 Cr.P.C. statement of Basanti Biswal, the mother of the deceased who stated about the last seen of the petitioner in the company of the deceased. He further submitted that at the instance of the petitioner basing on the statement recorded under section 27 of the Evidence Act, a rope was recovered. Learned counsel for the State however fairly submitted that the rope seems to have got no connection in the commission of crime.
Considering the submissions made by the learned counsel for the respective parties, the nature of accusation, absence of any direct evidence, the nature of circumstantial evidence appearing on record and the period of detention of the petitioner in judicial custody and the post mortem report findings, I am inclined to release the petitioner on bail.
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 proper. The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.
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…………………..…… S.K. Sahoo, J.
1 issue framed by the court
Whether the petitioner shall be granted bail in the maintaining, accusing, murdering, death of a woman case under Sections 498-A/302/201 IPC.
3 provisions across 3 enactments
Uttam Sahoo @ Papu
State of Odisha
S.K. Sahoo
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
