Ranjan Malik @ Ghuntura Vs State of Odisha

This bail application under section 439 of Cr.P.C., 1973 of the Petitioner arising out of C.T. Case No.143 of 2024 in connection with Remuna P.S. Case No.33 of 2024 is taken up for consideration.

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I have already heard from the learned Counsel for the Petitioner and the learned Additional Government Advocate for the State.

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The Petitioner has been charge-sheeted under Section498-A/304-B/306 of the IPC read with Section- 4 of D.P. Act on the allegation of commission of dowry death as well as the abatement of suicide of his wife subjecting her to torture for nonfulfilment unlawful demand.

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It has also been alleged that, when the tortures of the Petitioner on his deceased wife became un-tolerable, she committed suicide through hanging.

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The learned Counsel for the Petitioner submitted for liberal consideration of bail of the Petitioner contending that, he

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(Petitioner) is in custody since 27.02.2024 for about more than 10 months and the investigation of the case has already been completed, to which, learned Additional Government Advocate vehemently objected, contending that, when the wife of the Petitioner has committed suicide due to torture made by the Petitioner on her, for which, he should not be allowed to go on bail. 6. When the Petitioner is in jail custody since 27.02.2024 and when during the staying of the Petitioner inside the jail, the investigation of the case has already been completed, for which, his presence before the Investigating Officer for the purpose of further investigation may not be required and when the presence of the Petitioner during trial is not unsecured, as he is a local man having his house and homestead under the jurisdiction of Remuna Police Station, then at this juncture, by taking the above factors into account, it is felt proper to allow the Petitioner to go on bail with the stringent conditions, looking to the future safety of the Informant, witnesses and the interest of the prosecution.

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Therefore, the bail application filed by the on the Petitioner is allowed.

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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:-

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(i) he (Petitioner) shall not involve with similar nature of crime in future.

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(ii) he (Petitioner) shall remain present on each date of adjournment of the trial Court till its conclusion. (iii) he (Petitioner) shall not terrorize, coerce, influence or threat any witnesses of the prosecution including the

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informant and his family members either directly or indirectly in any manner whatsoever at any stage of the trial of the case, but, in case of his failure to comply any of the aforesaid conditions, the learned trial Court is authorized to cancel his bail order outrightly without seeking any permission for the same from this Court.

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