IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.978 of 2025 Akash Das …. Petitioner Mr. U.C. Dora, Advocate -Versus- State of Odisha …. Opposite Party Mr. R. Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.02.2025 01. 1. Heard Mr. Dora, learned counsel for the petitioner and Mr. Pradhan, learned ASC for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.596 of 2024 pending in the file of learned J.M.F.C., Motu, Malkangiri corresponding to Kalimela P.S. Case No.234 of 2024 (now in C.T. Case No.15 of 2025 pending in the file of learned District & Sessions Judge, Malkangiri) on the grounds stated therein. 3. Mr. Dora, learned counsel for the petitioner submits that the death of the deceased is on account of suicidal hanging and hence, the chargesheet is filed under Section 108 BNS. A copy of the P.M. report is made available to the Court, referring to which, Mr. Dora, learned counsel for the petitioner would submit that such death is due to ante mortem hanging. It is further submitted that there is a general allegation of dowry demand by the informant and the petitioner is the husband of the deceased and is a young man aged about 24 years and has been in custody from 26th October, 2024 and as in the meantime, with closure of investigation, the chargesheet is filed, hence, he should be allowed to go on bail with any conditions. 4. Mr. Pradhan, learned ASC for the State, on the other hand, opposed release of the petitioner on bail in view of the death of the deceased wife by suicide and on account of torture meted out to her due to non-fulfillment of dowry demand. 5. Gone through the statement of the informant recorded under Section 180 BNS as at Annexure-1. As far as the F.I.R. is concerned, a general allegation of dowry demand is made from the side of the petitioner family six months after the marriage of the deceased but from the statement of the informant, namely, Purnima Ray recorded under Section 180 BNS, the Court finds that such demand was for a motorcycle and Rs.1,50,000/-. The deceased, as it is revealed from the F.I.R. statement of the informant under Section 180 BNS was pregnant at the time of her death. It is also revealed that the earlier pregnancy of the deceased was terminated allegedly at the behest of the petitioner. The statement of the informant under Section 180 BNS further reveals that the family of the petitioner was inclined to abort the pregnancy for the second time and the deceased was not being looked after properly. The marriage between the petitioner and the deceased had taken place two years before. 6. Considering the above facts and death to be admittedly on account of suicidal hanging, as no other mischief is established with the submission of chargesheet and the fact that the petitioner demanded a motorcycle nearly after two years after marriage and also a cash of Rs.1,50,000/- as alleged by the informant’s mother, the Court is of the view that he having remained judicial custody since the date of arrest and as all the material evidence stands collected with the closure of investigation, the petitioner should be allowed to go on bail with stringent conditions. 7. Accordingly, it is ordered. 8. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.596 of 2024 arising out of Kalimela P.S. Case No.234 of 2024 (now in C.T. Case No.15 of 2025 pending in the file of learned District & Sessions Judge, Malkangiri) subject to him furnishing a bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned District & Sessions Judge, Malkangiri, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, he shall not tamper with the evidence influencing the material witnesses connected to the case, in any manner, whatsoever, after being released. 9. The BLAPL is disposed of. 10. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Balaram