Rajesh Mahakud vs State Of Odisha
2023 Latest Caselaw 3782 Ori

                     IN THE HIGH COURT OF ORISSA AT CUTTACK

                                      BLAPL No.2827 of 2023

             Rajesh Mahakud                         ....                   Petitioner
                                                          Mr. N. Panda, Advocate
                                             -versus-

             State of Odisha                        ....              Opposite Party
                                                           Mr. P.K Maharaj, ASC

                                 CORAM: JUSTICE V. NARASINGH

                                           ORDER

19.04.2023 Order No.

01. 1. Heard learned counsel for the Petitioner and learned counsel for the State.

2. The Petitioner is an accused in C.T. No.188 of 2022 pending on the file of learned S.D.J.M, Boudh, arising out of Harabhanga P.S. Case No.68 of 2022.

3. Being aggrieved by the rejection of his application for bail U/s. 439 Cr.P.C by the learned Sessions Judge, Boudh, by order dated 01.03.2023 in the aforementioned case, the present BLAPL has been filed.

4. It is submitted by the learned counsel that the Petitioner is in custody since 14.09.2022 and as charge sheet has been filed under Sections 498-A/304-B/306/34 IPC and Section 4 of the D.P Act on 9.1.2023, his further continuance in custody is not warranted.

5. Learned counsel for the State opposes the prayer relying on the statement of the father of the deceased (C.W.1) and one Pramod Gaigoria, who is the front door neighbor (C.W.4).

6. Relying on the said statement it is stated that because of constant torture the deceased was forced to consume poison.

7. Learned counsel for the Petitioner submits that the allegations are omnibus in nature and in the post-mortem report it has been noted that there is no external injury.

8. It is further stated that the allegation of physical abuse is not substantiated.

9. This Court perused the post-mortem report in which the cause of death has been reserved and it has been noted that there has been no external injury.

10. On a conspectus of the materials on record, this Court directs the Petitioner to be released on bail on such terms to be fixed by the learned court in seisin.

11. It is needless to state that if after receipt of the opinion of viscera there is any change in the nature of complicity qua the Petitioner, it shall be open to the investigating agency to take steps in accordance with law and in terms of the law laid down by the Apex Court in the case of Ms. X vrs. The State of Maharashtra and another (2023 SCC Online SC 279) affirming its earlier judgment in Pradeep Ram vrs. State of Jharkhand and another reported in (2019) 17 SCC 326.

12. Accordingly, the BLAPL stands disposed of.

13. Urgent certified copy of this order be granted as per rule.

(V. NARASINGH) Judge PKS