Dipu @ Deepak Kumar Baral Vs State of Odisha

The petitioner is an accused in connection with Nachuni P.S. Case No.294 of 2023 corresponding to G.R. Case No.578 of 2023 registered under Sections498-A/304-B/302/34 of the IPC read with Section 4 of the D.P. Act pending in the Court of the learned J.M.F.C., Banpur The petitioner had approached the learned 1^st Additional Sessions Judge, Khurda praying for grant of bail. The learned Court below vide its order dated 06.03.2024, rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for

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enlargement on bail.

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The prosecution case is that the daughter of the informant had married to one Papu Baral as per Hindi Rites and Customs. During their marriage, as per demand of groom side, they had given cash of Rs.2,20,000/- along with gold ornaments and other household articles. After marriage, the in-law members of the bride, demanded more dowry and tortured her mentally and physically. On 12.11.2023, the informant came to know that her daughter has been killed by the in-law members. Hence, the F.I.R.

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Learned counsel for the State submits that the petitioner is the brother-in-law of the deceased. The statements of the witnesses have been recorded under Section 161 of Cr.P.C., which reveal that since the deceased was falsely blamed that she had committed theft of Rs.10,000/- and she consumed poison out of frustration . The mother-in-law and sister-in-law of the deceased took her to the hospital. However, she died. There is no specific overt act attributed to the petitioner.

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Learned counsel for the petitioner submits that the plea of bail of the petitioner is not pending before any other Court, except the present one.

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Taking into consideration the period of custody since 06.03.2024 and the nature of accusation, I am inclined to admit the petitioner to bail. Hence, the

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petitioner be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, further subject to following additional conditions :

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(i) He shall not tamper with the evidence in any manner whatsoever;

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(ii) He shall not involve in any similar type of offence.

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Violation of any of the bail conditions shall entail cancellation of bail granted to the petitioner. The prosecution is given liberty to move an application for cancellation of bail before the Court below, if the petitioner violates any conditions of the bail granted to him.

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8. The BLAPL is accordingly disposed of.

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(S.S. Mishra) Judge

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amit

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Signature Not Verified

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Digitally Signed Signed by: AMIT KUMAR MOHANTY Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 13-Sep-2024 09:15:23

Dipu @ Deepak Kumar Baral v. State of Odisha

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Dipu @ Deepak Kumar Baral v. State of Odisha

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