Criminal bail application filed by a husband in custody. Court granted bail considering witness statements suggesting suicide and the duration of detention, subject to terms fixed by SDJM.
Release on bail in case No. 232 of 2019/Bhawanipatna Sadar P.S. on terms to be fixed by SDJM.
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BLAPL No.9232 of 2019
Heard learned counsel for the petitioner and learned Additional Government Advocate for the State.
The petitioner is the husband of the deceased and is in custody since 08.7.2019. It is submitted on behalf of the petitioner that in the meantime investigation being completed the charge-sheet has been submitted for commission of offences under Sections 498-A/294/304-B/306/506 I.P.C. and Section 4 of the D.P. Act.
It is further submitted that from the statements of different witnesses made before the police, the alleged demand of dowry soon before the death of the deceased is not revealing and that the death is suicidal in nature.
Considering such statements of the witnesses including Senapati Rana, Bhagyaban Rana and Anand Rana and others and the period of detention of the petitioner inside the custody, it is directed to release him on bail in connection with Bhawanipatna Sadar P.S. Case No.232 of 2019, corresponding to C.T. Case No.525 of 2019 on such terms and conditions to be fixed by the learned S.D.J.M., Bhawanipatna as he/she deems just and proper.
BLAPL is disposed of accordingly.
Urgent certified copy of this order be granted on proper application.
…………………..……… ( B. P. Routray, J.)
MP
2 issues framed by the court
Whether the petitioner, a husband in custody, is entitled to bail in a case alleging dowry-related offences and culpable homicide?
Whether the period of detention justifies immediate release on bail?
3 provisions across 3 enactments
Petitioner
Additional Government Advocate for the State
B. P. Routray
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
B. P. Routray
