Regular bail under Section 483 BNSS in a dowry-death and abetment of suicide case. Investigation complete with charge-sheet filed, co-accused already bailed, and a witness stated the deceased had prior suicide attempts and mental problems; bail granted on stringent conditions.
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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL NO.5843 OF 2024
Khageswar Sethi …. Petitioner
Represented By Adv. -Mr. Pradeep Ku. Das.
-versus-
State of Odisha …. Opposite Party Represented By Adv. -Mr.Pradipta Satapathy, ASC, -Mr. Birendra Ku. Nayak, Adv. (Informant).
CORAM:
HON’BLE MR. JUSTICE A.C. BEHERA ORDER
Order No.
07.12.2024
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of the Petitioner i.e. Dhaneswar Sethy has already been allowed to go on bail vide order dated 29.11.2027 passed in BLAPL No.5124 of 2024 and the investigation of the case has already been completed due to submission of charge-sheet on dated 22.07.2024 and the deceased has committed suicide through hanging inside their latrine without the knowledge of the Petitioner, because, the deceased was a mental patient, to which, the learned Additional Standing Counsel for the State as well as the learned Counsel for the Informant vehemently objected contending that, as the Petitioner is none-else, but he is the husband of the deceased and the deceased has committed the suicide inside the house of the Petitioner within two years of her marriage, for which, he (Petitioner) should not be allowed to go on bail, because, there is every possibility of tampering with the evidence of the prosecution by the Petitioner in case of his release on bail.
Page 2 of 3
conditions not to interfere with the evidence of the prosecution during trial.
He (Petitioner) is allowed to go on bail on furnishing bail bond of Rs.50,000/-(rupees fifty thousand) with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with conditions that :-
(i) he (Petitioner) shall not involve with any similar nature of crime in future.
(ii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the informant and his family members either directly or indirectly in any manner whatsoever at any stage of the proceeding of the case;
(iii) he (Petitioner) shall appear before the Trial Court personally in each date of adjournment of the case without fail; but in case of his failure to comply any of the aforesaid conditions, the court in seisin over the matter is authorized to cancel his bail order out-rightly without seeking any permission for the same from this Court.
Signature Not Verified
Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Narayan Date: 07-Dec-2024 15:48:28
(A.C. Behera), Judge.
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1 issue framed by the court
Whether the petitioner implicated for abetment of suicide and dowry death of his wife should be released on bail after completion of investigation and bail to the co-accused.
3 provisions across 3 enactments
Khageswar Sethi
State of Odisha
A.C. Behera
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
