Allowed

Kailash Choudhury v. State of Odisha

Orissa HC12 Dec 2024BLAPL/7006/2024

Case brief

AI extract

What is this about?

The High Court of Orissa allowed a bail application filed by an accused convicted of murder and dowry-related offenses. The court granted bail on humanitarian grounds due to the petitioner's severe medical condition (End Stage Renal Disease) and the unavailability of a specialist doctor within the district to save his life.

What did the court decide?

Allowed bail on furnishing a bond of Rs. 50,000 with two solvent sureties.

Kailash Choudhury Vs State of Odisha — Bail and Remand | Orissa HC (2024)

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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BLAPL No.7006 of 2024

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I.A. No.1362 of 2024

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Kailash Choudhury

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.....

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Petitioner(s)

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Represented By Mr. Jugala Kishore Panda, Advocate

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-versus-

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State of Odisha

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..... Opposite Party(s)

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Represented By Ms. Babita Kumari Sahu, AGA

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CORAM:

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THE HON'BLE MR. JUSTICE ANANDA CHANDRA BEHERA

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ORDER

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Order No. 12.12.2024

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1. This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

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This bail application under Section 483 of the BNS, 2023 has arisen out of C.T. Case No.42 of 2023 corresponding to G.R. Case No.837 of 2023 in connection of Malkangiri P.S. Case No.678 of 2023 pending in the court of learned Additional Sessions Judge, Malkangiri is taken up for consideration.

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The Petitioner has been charge-sheeted on dated 15.10.2024 under Sections-498-A/302 of the IPC, 1860 on dated 24.03.2024 on the allegation of commission of murder of his wife subjecting her to torture for non-fulfillment of his unlawful demand of dowry.

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The petitioner is in jail custody since 25.11.2023.

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The learned counsel for the Petitioner submitted for liberal consideration of his bail contending that, a report was called for from the Superintendent, District Jail Malkangiri, in which, the

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Page 1 of 3

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Superintendent has reported on the basis of the report of the Jail Medical Officer that, the present health condition of the petitioner inside the jail is serious and his treatment at the outside of the jail is very much essential to save his life, to which, the learned Additional Government Advocate objected contending that, when the Petitioner is in custody in the heinous crime for commission of murder of his wife subjecting her to torture for non-fulfillment of his unlawful demand of dowry, then in this nature of allegations, he(Petitioner) should not be allowed to go on bail.

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The report of the Superintendent, District Jail, Malkangiri on the basis of the report of the Jail Medical Officer sent to this Court vide letter No.8537 of 2024 is going to show that, he(Petitioner) is suffering from End Stage Renal Disease and as per the prescription of the Professor Nephrology Department, MKCG, KCH, Berhampur, his treatments before a Nephrologist is essential, but, no Nephrologist is available either at District Headquarter Hospital, Malkangiri or at Koraput Medical.

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When the Petitioner is inside the jail custody for about more than a year and when the Present health condition of the petitioner inside the jail is not good and when his treatment is required before a Nephrologist and when no Nephrologist is available either at Malkangiri or at Koraput of his treatments and when the Petitioner is interested to be treated privately remaining outside the jail in order to save his life, then at this juncture, taking the aforesaid medical report of the petitioner received from the Superintendent, District Jail, Malkangiri, his bail application is considered liberally on humanitarian ground in order to save his life through proper treatments at the outside of the jail before a Nephrologist at his own cost privately.

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Therefore, the bail application filed by 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.

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Accordingly, the regular bail application as well as the I.A. both are disposed of finally.

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Grant certified copy of this order to the petitioner on proper application.

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( A.C. Behera ) Judge

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Narayan

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Signature Not Verified

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Digitally Signed Signed by: NARAYAN HO Reason: Authentication Location: OHC Date: 12-Dec-2024 18:33:35

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Kailash Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

Kailash Choudhury v. State of Odisha

Case brief

What is this about?

What did the court decide?

What the court decided

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