Anticipatory bail application filed against petitioners implicated in a dowry-related murder case. Court granted conditional bail upon surrender to the trial court within four weeks to be decided on terms just and proper.
Anticipatory bail granted on condition that petitioners surrender before the trial court within four weeks to move for release on bail.
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ABLAPL NO.767 OF 2021
The petitioners having been implicated in Balikuda P.S. Case No.173 of 2020 corresponding to G.R. Case No.778 of 2020 registered for the alleged commission of offence under section 498-A/304-B/302/294/323/34 of the IPC read with section 4 of D.P. Act, pending in the Court of the learned S.D.J.M, Jagatsinghpur, have filed this application under section 438 Cr.P.C. for their release on bail in the event of their arrest.
Learned counsel for the petitioners submits that opinion as to the cause of death of the deceased has been kept reserved till receipt of viscera examination report. It is further submitted that the doctor has not found any external injury suggestive of any physical torture. She further submits that as per the prosecution case, at the request of the brother of the deceased, the petitioners and others, instead of taking the dead body for cremation, had immediately agreed for post mortem examination and the materials on record also show that it is the husband of the deceased who had taken her to the hospital when she suddenly fell ill at home. He submits that all these conducts stand against the culpability. In view of all the above, when there remains no scope on the part of the petitioners to flee from justice and tamper the evidence; he urges for grant of anticipatory bail to the petitioners.
Learned counsel for the State opposes the move.
Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the petitioners; it is directed that in the event the petitioners surrenders before the court in seisin of the aforesaid case, within four weeks hence and move for their release on bail, they shall be released on bail on such terms and conditions as would be deemed just and proper by the said court with.
The ABLAPL is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
……………………..
D. Dash, J.
Basu
3 issues framed by the court
Whether to grant anticipatory bail to the petitioners implicated in an offence under sections 498-A, 304-B, and 302 IPC.
Whether the petitioners should surrender before the trial court to avail release on bail.
What terms and conditions should govern the release of the petitioners on bail on surrender.
1 provisions across 1 enactments
petitioners
State
D. Dash
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
