Allowed

Chinmay Dutta v. State of Odisha

Orissa HC3 May 2021BLAPL/2539/2021

Case brief

AI extract

What is this about?

The High Court granted bail to the petitioner charged under Sections 498-A, 302 IPC and Section 4 DP Act for alleged dowry harassment leading to the suicide of his wife. The Court accepted the defense that the death was suicidal and ordered release from custody.

What did the court decide?

Directed that the petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court.

Chinmay Dutta Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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BLAPL No.2539 OF 2021

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03.05.2021: This matter is taken up by video conferencing mode.

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The Petitioner being in custody in connection with C.T. Case No.125 of 2021 arising out of Sahadevkhunta P.S. Case No.52 of 2021 on the file of learned S.D.J.M., Balasore running for alleged commission of offence under Section- 498-A/302/34, I.P.C. read with Section-4 of the D.P. Act, has filed this application under section 439 of the Cr.P.C. for his release on bail.

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Learned counsel for the Petitioner submits that the wife of the Petitioner having committed suicide and died, this Petitioner has been roped in the case with the false allegations made in a generalized manner that he was demanding dowry and torturing the deceased on account of non-fulfillment of the same. He further submits that the postmortem report leaves no room of doubt that the death is suicidal in nature and the doctor having not noticed any such external injury on the body of the deceased, the factum of any physical torture upon the deceased prior to the incident stands ruled out. In view of all these above, citing the period of detention of the Petitioner in custody and the progress of investigation and in the absence of any other impediment; he urges for grant of bail to the Petitioner.

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Learned counsel for the State opposes the move. According to him, when the death in the case is not natural and the same is within a period of seven years of marriage; on the face of the allegation as to the torture, presumption under

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// 2 //

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Section-113A/113B of the Evidence stands drawn as regards the culpability of the Petitioner.

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Taking into account the submissions made; further keeping in view the materials on records as those stand against the Petitioner with other surrounding circumstances including the period of detention of the Petitioner in custody and on going through the order passed by the learned Addl. Sessions Judge; in the absence of any such impediment; it is directed that the Petitioner be released on bail in the aforesaid case on such terms and conditions as deemed just and proper by the court in seisin of the case with further conditions that:-

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he will appear in person before the court in seisin of the case on each date of posting of the case without fail; and

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will not threaten or terrorize the prosecution witnesses in any manner;

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The BLAPL is accordingly disposed of.

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As the restrictions due to resurgence of COVID-19

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situation are continuing, learned counsel for the parties may utilize a printout of the order available in the High Court’s website, at par with certified copy, subject to attestation by the concerned advocate, in the manner prescribed, vide Court’s Notice No.4587, dated 25^th March, 2020 as modified by Court’s Notice No.4798 dated 15^th April, 2021.

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………….…………

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D. Dash, (Vacation Judge)

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Narayan

Chinmay Dutta v. State of Odisha

Case brief

What is this about?

What did the court decide?

Chinmay Dutta v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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Statutes considered

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