Liman Seth Vs State of Odisha

This is an application under section 439 of Cr.P.C. read with section 483 of BNSS in connection with Hemagiri P.S. Case No.275 of 2024 corresponding G.R. Case No.270 of 2024 pending in the Court of learned J.M.F.C., Hemgiri for alleged commission of offences under sections 498-A/306 of the I.P.C.

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The prayer for bail of the petitioner has been rejected by the learned Sessions Judge, Sundargarh vide order dated 17.01.2025.

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Learned counsel for the petitioner submitted that in pursuance of the order dated 16.12.2024 passed by this Court in ABLAPL No.10087 of 2024, the petitioner surrendered before the learned trial Court on 17.01.2025. Learned counsel further submitted that the marriage between the petitioner and the deceased was solemnized in the year 2021 and the death of the deceased took place on 11.06.2024 and they were blessed with a male child, aged about one year and seven months at the time of occurrence. Learned counsel further submitted that due to matrimonial dispute, the deceased committed suicide and in view of the available materials on record, the bail application of the petitioner may be favourably considered.

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Learned counsel for the State, on the other hand, opposed the prayer for bail and placed the statement of Netrananda Seth, the father of the deceased, who is also the informant in the case and the post mortem report wherein it is stated that the cause of death was due to combined effect of asphyxia and venous congestion and except the ligature mark, there is no external injury noticed on the person of the deceased.

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Considering the submissions of the learned counsel for the respective parties, the nature of accusation against the petitioner, the surrounding

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circumstances under which the death of the deceased has occurred, the post mortem report findings and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

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Let the petitioner be released on bail in the aforesaid case on furnishing a 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 further conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

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Violation of any of the conditions shall entail cancellation of bail.

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The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

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( S.K. Sahoo) Judge

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Sipun

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Liman Seth v. State of Odisha

Case brief

What is this about?

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Liman Seth v. State of Odisha

Case brief

What is this about?

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