Damu Gouda vs State Of Odisha

S. K. Panigrahi, J

This matter is taken up by video conferencing mode.

 2. Heard, learned counsel for the petitioner and learned  counsel for the State.

 3. The petitioner being in custody in Tentulikhunti PS  Case No. 51 of 2021 corresponding to G.R. Case No. 440  of 2021, pending in the court

of the learned S.D.J.M.,  Nabarangpur, registered for the alleged commission of  offence under Sections 498-A/294/323/313/34 of IPC, has filed

this petition for his release on bail.

 4. The allegation of the prosecution is that the petitioner  is involved in torturing his wife-complainant in  matrimonial home along

with other in-laws. It is further  alleged that the petitioner was always harassing and  abusing the complainant without any reason. She was  not

allowed to take rest peacefully. She was forced into  mis-carriage by the petitioner and her in-laws who gave  her some curd water with some

medicine without her  knowledge. The petitioner and his family members were planning to kill her and frame it as suicide. She was admitted in

Boriguma Hospital due to contraction and pain. On the advice of the doctor, blood transfusion was done due to low blood count. Her health condition

got deteriorated due to forced miscarriage.

Learned counsel for the petitioner submits that the petitioner being in custody filed an application for regular bail before the learned S.D.J.M.,

Nabarangpur which was rejected. Thereafter, he filed an application for regular bail bearing B.A. No. 84 of 2021 before the learned Sessions Judge,

Nabarangpur which was also rejected vide order dated 05.05.2021. Since the petitioner has been in custody for a substantial period of time, at this

juncture, custodial interrogation of the present petitioner is not required, hence he may be granted bail. Due to COVID Pandemic the trial is not about

to be progressed in near future. The investigation is perfunctory and the mandatory provisions of CrPC have not been complied. Unless the prayer for

bail is allowed, the petitioner would be gravely jeopardized.

Learned counsel for the State vehemently opposed the bail prayer of the petitioner.

Considering the nature and gravity of the accusation, character of evidence appearing against the petitioner, the stringent punishment provided and

there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged or not likely to commit any such offence, which is not

possible to record in this case, the petitioner’s prayer for bail is devoid of merit.

Hence, his prayer for bail stands rejected.

Accordingly, the Bail Application is dismissed.

As the Lock-down period is continuing for COVID-19, learned counsel for the parties may utilize the soft copy of this order available in the High

Court’s website or print out thereof at par with certified copies in the manner prescribed, vide Court’s Notice No. 4798 dated 15th April,

2021.

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