Jagadish Swain v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL NO.6185 OF 2020 Jagadish Swain ....

Petitioner Mr. A.K. Sahoo, Advocate -versusState of Odisha ....

Opposite Party Mr.S.K. Nayak, AGA,

CORAM:

MR. JUSTICE D.DASH

ORDER

29.03.2022 Order No.

03.

1.

This matter is taken up through hybrid arrangement (virtual/physical) mode.

2.

Learned counsel for the Petitioner submits that the Petitioner is the brother-in-law of the deceased and when the deceased committed suicide within a period of seven years of marriage, he has been unnecessarily arraigned in the case as accused with the general allegations that he was joining other family members in demanding dowry and torturing the deceased. It is his submission that the doctor holding postmortem examination has noticed no other feature on the body suggestive of physical torture before the incident. It is also stated that the Petitioner being under interim protection since 08.06.2020 has been cooperating with the investigation without misusing the liberty. In view of all these above and in the absence of any other impediment; he urges for grant of anticipatory bail to the Petitioner.

3.

Learned counsel for the State and the Informant do not dispute the fact that the deceased as per the opinion of the doctor has committed suicide and that no such bodily injury suggestive of

// 2 // any physical torture sometime before the incident has also been noticed. He, however, submits that the Petitioner being the brother-in-law and on the allegations of demand and torture, with the available presumption under section 113-A/113-B of the Evidence Act, the culpability of the Petitioner stands. 4.

Considering the submissions and on going through the nature of accusations; further keeping in view the surrounding circumstances of the case as also concerning the Petitioner as also the role said to have been played by the Petitioner in the incident and in the absence of any other impediment, it is directed that in the event the Petitioner surrenders before the Court in seisin of the case in connection with Kendrapara P.S. Case No.49 of 2018 corresponding to G.R. Case No.198 of 2018 on the file of learned S.D.J.M., Kendrapara within three weeks hence and moves for his release on bail, he shall be released on bail on such terms and conditions as would be deemed just and proper by the Court in seisin of the case with further condition that he will not threaten or terrorize the prosecution witnesses in any manner. 5.

The ABLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

(D. Dash), Judge.

Narayan