Digambar Dalai @ Roga Vs State of Odisha

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3310 of 2024

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Digambar Dalai @ Roga …. Petitioner Represented By Adv. Mr. Subash Chandra Mohanty -versus-

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…. State of Odisha Opposite Parties Mr.G.R.Mohapatra,ASC

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CORAM: DR.JUSTICE S.K. PANIGRAHI

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Order ORDER No.1 27.09.2024

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F.I.R . No.	Dated	Police Station	Case No. and Courts’ Name	Sections
0164	^22.07.2019	Binjharpur	C.T. (Session) Case No.252 of 2019 arising out of Binjharpur	Section 302 of I.P.C.
			P.S. Case No.164 of 2019 pending in the Court of learned District and Sessions Judge, Jajpur

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1 . This matter is taken up through hybrid arrangement.

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// 2 //

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2 . Heard learned counsel for the Petitioner and learned counsel for the State.

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3 . The petitioner is being in custody in connection with C.T. (Session) Case No.252 of 2019 arising out of Binjharpur P.S. Case No.164 of 2019 pending in the Court of learned District and Sessions Judge, Jajpur registered for the alleged commission of offence under Section 302 of I.P.C. has filed this petition for his release on bail.

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4 . The prosecution case, in brief, is that on 22.07.2019. at about 11:00 AM, the complainant lodged an FIR before IIC, Binjharpur PS disclosing therein that his daughter ('Deceased') got married to the Petitioner as per Hindu rites and customs on 14.07.2016. The Petitioner used to mostly reside in Gujarat owing to his job, however, whenever he comes back to the village, he used to keep illicit relationship with his sister-in-law. When the deceased objected to this illicit relationship, the sister-inlaw and the mother-in- law inflicted physical and mental torture on the deceased. On the night of 21.07.2019, the Petitioner, mother-in-law, elder sister-in-law and another relative committed murder of the deceased by slitting her throat by means of a sharp cutting weapon Thereafter,

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finding no other way, the complainant lodged the FIR in the Police Station. During course of Investigation, the I.O. visited the spot, examined the Complainant and other witnesses and recorded their statement U/S 161 Cr. PC, conducted inquest over the dead body of deceased Ritarani Dalal Tand sent the body of deceased to DHH, Jajpur for PM examination. The I.O. seized the wearing apparel of the deceased and all the seized exhibits were sent to SFSL, Bhubaneswar for CE and Opinion. Thereafter, the I.O. arrested the accused Digambar Dalal on 29.07.2019 at 11.30 PM and forwarded to the court on 30.07.2019 PM.

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5. Learned counsel for the Petitioner submits that the Petitioner is an innocent person having no nexus with the alleged offences. Further, the allegations leveled against the Petitioner are untrue and concocted.

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6. Learned counsel for the State vehemently opposes the bail prayer of the present Petitioner.

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7. Considering the nature of gravity of offence, character of evidence appearing against the Petitioner and the stringent punishment provided, this Court is not inclined to release the Petitioner on bail.

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8. Accordingly, the BLAPL is dismissed.

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9. Issue urgent certified copy of the order pas per Rules.

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(Dr. S.K. Panigrahi) Judge

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Sumitra

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Signature Not Verified

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Digitally Signed Signed by: SUMITRA NAYAK Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 05-Oct-2024 11:26:34

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Digambar Dalai @ Roga v. State of Odisha

Case brief

What is this about?

What did the court decide?

Digambar Dalai @ Roga v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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