Dismissed

Bikram Keshari Mishra v. State of Odisha

Orissa HC15 Sept 2020CRLA/117/2020

Case brief

AI extract

What is this about?

Appellant challenged the rejection of bail petition in an appeal under section 14-A of the SC & ST (POA) Act arising from a dowry death/life insurance case involving suicide. The High Court found the case serious and the possibility of evidence tampering, thus initially rejected bail pending trial.

What did the court decide?

CRLA No.117 of 2020 is rejected to renew bail after examination of material witnesses.

Bikram Keshari Mishra Vs State of Odisha — Bail and Remand | Orissa HC (2020)

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CRLA No.117 of 2020

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Bikram Keshari Mishra …… Appellant -Versus1. State of Odisha 2. Itishree Jena …… Respondents

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15.09.2020 The matter is taken up through Video Conferencing.

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Heard learned counsel for the appellant, learned counsel for the State and learned counsel for the informant.

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This is an appeal under section 14-A of S.C. & S.T. (POA) Act, 1989 in connection with T.R. Case No.652 of 2019 arising out of Dhauli P.S. Case No.171 of 2019 pending in the Court of learned Sessions Judge, Khurda, Bhubaneswar for offences punishable under sections 306/493/506 of the Indian Penal Code and section 3(1)(i)(r)(s)(w) of the SC & ST (POA) Act.

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The appellant moved an application for bail before the Court of learned Sessions Judge, Khurda which was rejected on 28.01.2020.

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Learned counsel for the appellant submitted that the appellant is in judicial custody since 28.01.2020 and he has been charge sheeted under sections 306/493/506 of the Indian Penal Code and section 3(1)(i)(r)(s)(w) of the SC & ST (POA) Act. It is further submitted by the learned counsel for the appellant that it is a case of suicidal hanging as appears from the materials available on record as well as from the post

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mortem report finding and there is no clinching material relating to commission of offences under sections 306 and 493 of the Indian Penal Code against the appellant and therefore, the bail application of the appellant may be favourably considered.

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Learned counsel for the State on the other hand produced the case diary and opposed the prayer for bail and placed the statement of one Sefali Priyadarsini Jena, who is the sister of the deceased and stated to have noticed the deceased in a hanging condition from a ceiling fan closing the door from inside. He further placed the statement of one Rajendra Sahoo who is a neighbour in which he has stated about the quarrel between the appellant and the deceased few hours prior to the occurrence.

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Learned counsel for the informant also vehemently opposed the prayer for bail and placed the statement of Itishree Jena, the sister of the deceased. She stated that the appellant was keeping physical relationship with the deceased giving false assurance of marriage and the deceased was an Advocate of Bhubaneswar Bar and in view of the surrounding circumstances under which the crime has been committed, the appellant does not deserve to be released on bail.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of accusation against the appellant, the surrounding circumstances under which the deceased

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committed suicide, the punishment prescribed for the offences and the likelihood of tampering with the evidence, at this stage, I am not inclined to release the appellant on bail.

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Accordingly, the CRLA stands rejected.

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The appellant may renew the prayer for bail after examination of the material witnesses in the trial Court.

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Urgent certified copy of this order be granted on proper application.

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…………………..…… S.K. Sahoo, J.

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Sisir

Bikram Keshari Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bikram Keshari Mishra v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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