Kishore Chandra Khilar@ Khillar v. State Of Odisha
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 592 of 2022 Kishore Chandra Khilar@Khillar ....
Petitioner Mr. P.S. Das, Advocate -Versus - State of Odisha ....
Opposite Party Mr. P.K. Maharaj, Addl. Standing Counsel
CORAM:
JUSTICE SASHIKANTA MISHRA
ORDER
14.02.2022 1.
This matter is taken up through hybrid mode.
Order No.
2.
2.
Heard learned counsel for the petitioner and learned Additional Standing Counsel for the State.
3.
The petitioner is in custody since 24.11.2021 in connection with Telkoi P.S. Case No. 119 of 2021 corresponding to G.R. Case No. 15 of 2021 pending in the court of learned J.M.F.C., Telkoi for the alleged commission of offence under Sections 498(A)/306 of IPC.
4.
The allegation is that because of physical and mental torture inflicted by the petitioner, the deceased, who was his wife, committed suicide.
5.
It is submitted by learned counsel for the petitioner that there is nothing on record to show that the petitioner had committed any such act which could have led the deceased to commit suicide. 6.
Learned Additional Standing Counsel, however, opposes the
prayer for bail by submitting that the petitioner and the deceased had frequent quarrels since the petitioner was in the habit of consuming alcohol.
7.
Considering the submissions made, the materials on record, the period of detention already undergone, submission of charge sheet in the meantime and the fact that there are no specific materials to prima facie suggest torture of the deceased by the petitioner, I am inclined to allow the prayer for bail. Let the petitioner be released on bail on such terms and conditions as the court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial court on each date of posting of the case without fail. 8.
The BLAPL is accordingly disposed of.
9.
Urgent certified copy of this order be granted on proper application.
B.C. Tudu (Sashikanta Mishra) Judge