Allowed

Babuli@ Bikash Pagal v. State of Odisha

Orissa HC26 Jun 2023BLAPL/4490/2023

Case brief

AI extract

What is this about?

The Orissa High Court allowed a bail petition under Section 439 Cr.P.C. filed by an accused in a matrimonial dispute case involving offences under IPC 498-A, 304-B, 306, and 34. Considering the absence of external injuries and the duration of custody, the court directed the release of the petitioner.

What did the court decide?

Petitioner directed to be released on bail on terms to be fixed by the learned Court in seisin.

Babuli@ Bikash Pagal Vs State of Odisha — Domestic Violence | Orissa HC (2023)

¶1

IN THE HIGH COURT OF ORISSA AT CUTTACK

¶2

BLAPL No. 4490 of 2023

¶3

Babuli @ Bikash Pagal

¶4

Petitioner

¶5

Mr. B.B. Rout, Advocate

¶6

-versus-

¶7

State of Odisha

¶8

Opposite Party

¶9

Mr. A. Pradhan, ASC

¶10

CORAM: JUSTICE V. NARASINGH

Order No.

ORDER 26.06.2023

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

¶15

The petitioner is an accused in connection with S.T. Case No.46 of 2023, pending in the file of learned Sessions Judge, Kendrapara, arising out of Rajkanika P.S. Case No.426 of 2022 for alleged commission of offences under Sections 498-A/304-B/306 and 34 of IPC and under Section 4 of the D.P. Act.

¶16

Being aggrieved by the rejection of his application for bail U/s.439 Cr.P.C. by the learned Sessions Judge, Kendrapara by order dated 13.04.2023 in the aforementioned case, the present BLAPL has been filed.

¶17

It is submitted by the learned counsel that the petitioner is in custody since 25.11.2022 and the trial has not commenced and it is at the stage of framing of charge, hence, he seeks release of the petitioner on bail.

¶18

Learned counsel for the State opposes the prayer for bail and submits that the victim came back to matrimonial home just one day before the occurrence and referring to the statement of the informant

¶19

Page 1 of 2

¶20

and the others submits that there are materials on record that she was driven to commit suicide.

¶21

This Court perused the final form which is on record.

¶22

Considering that the final form has already been submitted inter alia under Section 306 of IPC and there are no external injuries save and except the one relating to the allegation of antemortem hanging and keeping in view the period in custody, this Court directs the petitioner to be released on bail on such terms to be fixed by the learned Court in seisin.

¶23

Accordingly, the BLAPL stands disposed of.

¶24

Urgent certified copy of this order be granted as per rules.

¶25

Santoshi

¶26

(V. NARASINGH)
Judge

¶27

Signature Not Verified

¶28

Digitally Signed Signed by: SANTOSHI LENKA Designation: Junior Stenographer Reason: Authentication Location: High Court of Orissa Date: 27-Jun-2023 19:07:48

¶29

Page 2 of 2

Babuli@ Bikash Pagal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Babuli@ Bikash Pagal v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Dambarudhar Konhar Vs State of Odisha

Sarat Chandra Hantal Vs State of Odisha

Gopi Pangi Vs State of Odisha

Bamadeba Das @ Bamadeva Das Vs State of Odisha

Sainur Molla Vs State of Odisha

Bhaiga @ Bhagaban Lenka Vs State of Odisha