Nila Gouda v. State Of Odisha

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 9849 of 2022 Nila Gouda & Others ....

Petitioners Mr. S.S. Ray 2, Advocate -versusState of Odisha ....

Opposite Party Mr. S. Patra, ASC CORAM: JUSTICE V. NARASINGH

ORDER

27.10.2022 Order No.

01.

1.

This matter is taken up through hybrid mode.

2.

Heard learned counsel for the petitioners and learned counsel for the State.

3.

The petitioners are accused in connection with G.R. Case No.651 of 2022, pending in the file of the learned J.M.F.C., Aska, arising out of Dharakot P.S. Case No.651 of 2022, for alleged commission of offences under Section 498-A/304-B/306/34 of IPC read with Section 4 of the D.P. Act.

4.

Being aggrieved by the rejection of their application for bail U/s.439 Cr.P.C. by the learned Additional Sessions Judge, Aska, by order dated 28.09.2022 in the aforementioned case, the present BLAPL has been filed.

5.

It is submitted by the learned counsel for the petitioners that the petitioners who are the in-laws, are in custody since

08.06.2022 and as charge-sheet has already been filed on 31.07.2022, their further continuance in custody is unwarranted. 6.

Learned counsel for the State opposes the prayer for bail. 7.

It is borne out from the record that the deceased committed suicide by consuming poison.

8.

On scrutiny of the allegations, it is found that the allegations are omnibus in nature.

9.

Keeping in view the role ascribed to the present petitioners and filing of charge-sheet as noted, this Court directs the petitioners to be released on bail on such terms to be fixed by the Court in seisin over the matter.

10.

Accordingly, the BLAPL stands disposed of.

11.

Urgent certified copy of this order be granted as per rule. (V. NARASINGH) Judge Ayesha