Dismissed

Dayanidhi Nag v. Collector, Nuapada

Orissa HC24 Feb 2021WP(C)/3346/2021

Case brief

AI extract

What is this about?

This is an appeal against the rejection of bail in a murder and cruelty case. The single-judge bench, considering the nature of the offence and the possibility of tampering with evidence, dismissed the bail application and directed the trial court to examine material witnesses.

What did the court decide?

Applicant is to renew the prayer for bail after examination of the informant and material witnesses in the learned trial Court.

Dayanidhi Nag Vs Collector, Nuapada — Domestic Violence | Orissa HC (2021)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No. 3346 of 2021

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Santanu Podha

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…. Petitioner

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Mr.Julu Khansama, Advocate

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-versus-

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State of Odisha

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…. Opp. Party

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Mr.P.K.Maharaj, Addl. Standing Counsel

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CORAM:

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JUSTICE S.K. SAHOO

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Order No.

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04.

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ORDER 30.06.2021 This matter is taken up by video conferencing mode.

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Heard learned counsel for the petitioner and learned counsel for the State.

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This is an application under section 439 Cr.P.C. in connection with Kantamal P.S. Case No. 40 of 2020 corresponding to S.T. Case No. 40 of 2021 pending in the Court of learned Sessions Judge, Boudh for the alleged commission of offences under sections 498-A/302/323 of the Indian Penal Code.

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The prayer for bail of the petitioner was rejected by the learned Sessions Judge, Boudh vide order dated 05.04.2021.

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Learned counsel for the petitioner submitted that the petitioner is the husband of the deceased

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// 2 //

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Sarojini Bagha and he is in judicial custody since 25.03.2020 and has been charge sheeted under sections 498-A/302/323 of the Indian Penal Code. It is further contended that the marriage between the petitioner and the deceased was solemnized six years prior to the date of occurrence and they were having no issue and the occurrence took place on 23.03.2020 and the post mortem report indicates that the cause of death of the deceased was on account of rupture of spleen. He further submitted that there is absence of any clinching material against the petitioner relating to commission of offence under section 302 of the Indian Penal Code, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State has produced the case diary and opposed the prayer for bail and placed the statement of Chandramani Bagha, the mother of the deceased who has stated how the petitioner in a drunken condition was continuously torturing the deceased and how the petitioner on the fateful day assaulted the deceased.

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Considering the submissions made by the learned counsel for the respective parties, the nature and gravity of the accusation, the manner in which the occurrence has taken place, the post mortem report findings and the possibility of tampering with

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// 3 //

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the evidence, at this stage, I am not inclined to release the petitioner on bail.

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Accordingly, the BLAPL stands dismissed.

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The petitioner is at liberty to renew the prayer for bail after examination of the informant and material witnesses in the learned trial Court.

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A copy of the order be communicated to the learned trial Court who shall take steps for examination of the material witnesses at the first instance.

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( S.K. Sahoo)
Judge

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Page 3 of 3

Dayanidhi Nag v. Collector, Nuapada

Case brief

What is this about?

What did the court decide?

Dayanidhi Nag v. Collector, Nuapada

Case brief

What is this about?

What did the court decide?

What the court decided

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