Allowed

Dinesh Deep @ Tunu v. State of Odisha

Orissa HC21 Sept 2021BLAPL/4484/2021

Case brief

AI extract

What is this about?

The High Court of Orissa granted bail to Dinesh Deep Tunu, husband of deceased, facing murder and dowry-related charges. The court considered the lack of external injuries and absolved the case of torture evidence against the petitioner while accepting statutory presumptions under section 113A of the Evidence Act based on dowry demand allegations during the marriage period. Bail was granted subjec

What did the court decide?

Petitioner released on bail with conditions to appear before the court in seisin of the case, not threaten prosecution witnesses, and face cancellation of bail on violation.

Dinesh Deep @ Tunu Vs State of Odisha — Dowry and Cruelty | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.4484 of 2021

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Dinesh Deep @ Tunu

…. Petitioner

Mr.J. Sahu, Advocate

-versus-

State of Odisha

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…. Opposite Party Mis. S. Mishra, ASC

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CORAM:

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MR. JUSTICE D.DASH

ORDER

Order No.

21.09.2021

This matter is taken up through hybrid arrangement (physical/virtual mode).

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The Petitioner being in custody in connection with Dunguripali P.S. Case No.133 of 2020 corresponding to G.R. Case No.99 of 2020 on the file of the learned J.M.F.C., S. Rampur running for commission of offence under section 494A/291/302/304-B of the IPC read with section 4 of 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 Petitioner being the husband of the deceased, has been unnecessarily arraigned in the case on the false and general allegation that he was torturing the deceased as the deceased committed suicide by taking poison. He submits that no such other external injury has also been noticed on the person of the deceased so as to draw any inference of physical torture some time before the incident. In view of all these above, he urges for grant of bail to this Petitioner.

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Learned counsel for the State submits that the Petitioners being the husband, on the face of the allegation as to torture for non-fulfillment of demand of dowry when the death has taken place after about one year of marriage that to not under normal circumstance, his culpability stands with the aid of available presumption under section 113A of the Evidence Act.

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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 Petitioners in custody and 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 he will appear in person before the court in seisin of the case on each date of posting of the case till conclusion of the trial; and shall not threaten or terrorize the prosecution witnesses in any manner.

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Violation of any of the above condition(s) shall entail

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cancellation of bail.

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The BLAPL is accordingly disposed of.

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Issue urgent certified copy as per rules.

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(D.Dash) Judge

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Basu

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Dinesh Deep @ Tunu v. State of Odisha

Case brief

What is this about?

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Dinesh Deep @ Tunu v. State of Odisha

Case brief

What is this about?

What did the court decide?

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