Orissa High Court
BLAPL/5370/2020 on 22 January, 2021
BLAPL No.5370 of 2020
07. 22.01.2021 This matter is taken up through video
conferencing.
Heard, learned counsel for the petitioner and
learned counsel for the State.
The petitioner is in custody in connection with
Bhadrak Rural PS Case No.612 of 2019 corresponding
to GR Case No.2145 of 2019 pending in the court of the
learned Additional Sessions Judge, Bhadrak, registered
for the alleged commission of offence under Sections
498-A, 302, 304-B/34 of the IPC and Section 4 of the
DP Act, has filed this application under Section 439 of
CrPC for his release on bail.
The brief fact of the prosecution story is that on
14.11.2019, complainant Prafulla Parida alleged that he
had given marriage of his daughter Subhadra Sahoo
(deceased) with the present petitioner on 05.07.2018. At
the time of marriage, he had gifted 1 lakh with
ornaments and articles. Out of wedlock, a female child
was born but after few months, the petitioner and his
parents tortured the deceased for demanding further
dowry of 50,000. On 13.11.2019, the informant got
information that his daughter was admitted in DHH,
Bhadrak. The informant reached there and found his
daughter is dead.
Learned counsel for the petitioner submits that
the petitioner has been implicated by some enemies
instigating the informant in the aid of police. He further
submits that the co-accused (his parents) have never
demanded any dowry and the deceased committed
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suicide due to domestic quarrel for silly reason of not
giving ghee by the mother-in-law. He further submits
that the deceased locked herself in a room and
committed suicide by pouring kerosene on her. He
further submitted that the statement of other witnesses
prima-facie revealed that there was a quarrel between
the deceased and her mother-in-law as the mother-in-
law of the deceased denied to give homemade ghee to
the deceased. The same was informed to the parents of
the deceased by herself. The petitioner has been
languishing in jail custody since 13.11.2019. He further
submitted that the petitioner has no role in the death of
the deceased. The trial has not yet commenced. There is
bleak chance of commencing the trial in near future.
The parent's of the petitioners are also in custody.
He further submits that the petitioner is in
custody since long and it defeats the purpose of
criminal justice system. In view of the judgment as laid
down in Hussainara Khatoon Vrs. State of Bihar
wherein Hon'ble Supreme Court held that right to have
speedy trial is a fundamental right of a citizen. Hence,
keeping a person in custody for such a long time
without any trial, is not justified and violation of
fundamental right.
Learned counsel for the State vehemently opposed
the bail prayer of the petitioner.
Considering the submissions made, facts and
circumstances of the case and the length of custody, it
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is directed that the petitioner be released on bail with
some stringent terms and conditions as deemed just
and proper by the learned Additional Sessions Judge,
Bhadrak in the aforesaid case with further conditions
that:-
i) he shall appear before the court below on
each date of posting and
ii) he shall not tamper the evidence of the
prosecution witnesses in any manner.
Violation of any of the conditions shall entail
cancellation of the bail.
The BLAPL is accordingly disposed of.
The petitioner may utilize the soft copy of this
order available in the High Court's website or printout
thereof at par with certified copies in the manner
prescribed, vide Court's Notice No. 4587 dated
25.03.2020.
.............................
S. K. Panigrahi, J.
AKP
