DULA MADI Vs. STATE OF ODISHA

JUDGEMENT

(1.) This matter is taken up through Hybrid Arrangement (Virtual /Physical Mode).

(2.) This is a bail application U/S.439 of Cr.P.C. by the Petitioner for grant of bail in connection with Podia P.S. Case No. 43 of 2022 corresponding to C.T. Case No. 96 of 2022 pending in the file of learned Sessions Judge-cum-Special Judge, Malkangiri for commission of offence punishable Under Sec. 302 of IPC, on the allegation of committing uxoricide.

(3.) In the course of hearing of the bail application, Mr. B. Karna, learned counsel for the Petitioner submits that although there is allegation against the Petitioner for committing uxoricide, but the Petitioner has already been detained in custody since last one year and he has got one small child of 5 years in his house and the materials available on record do not disclose a case of 302 of IPC against the petitioner, rather at best a case U/S. 304-II of IPC can be said to have attracted against the Petitioner. On these grounds, learned counsel prays to grant bail to the Petitioner.