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2025 DAILYLAW 16144 (ORI)

SUNIL SETHI @ SETHY v. STATE OF ODISHA

BLAPL/1574/2025 · 2025-03-05

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1574 of 2025 Sunil Sethi @ Sethy …. Petitioner Mr. D. Sahoo, Advocate -Versus- State of Orissa …. Opposite Party Mr. P. Jena, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 05.03.2025 01. 1. Heard learned counsel for the petitioner and State. 2. Instant petition under Section 483 BNSS is filed seeking release of the petitioner on bail in connection with G.R. Case No.456 of 2024 pending in the file of learned J.M.F.C.(Rural) (Cog. Taking), Berhampur corresponding to Nimakhandi P.S. Case No.89 of 2024 on the grounds stated. 3. Perused the FIR as at Annexure-1 and rejection order i.e. Annexure-2. 4. Gone through Annexure-1. A copy of the chargesheet is filed and the same is perused. With the allegation of dowry demand and homicidal death of the deceased, the FIR was lodged. However, at last, upon closure of investigation, a case under Section 108 BNSS is established. The deceased was the wife of the petitioner and she committed suicide. A copy of the PM report is also produced and the same is gone through. From the said report, the Court finds that p. 2 the death of the deceased was due to combined effect of Asphyxia and congestion ante mortem in nature. With such a chargesheet filed, a case under Section 103 BNSS is ruled out. Of course, from the FIR and statements of the witnesses recorded under Section 161 Cr.P.C. there is a general allegation regarding demand of money from the family of the deceased, which could not be fulfilled. As it appears, out of despair and frustration and in view of the alleged ill- treatment meted out to the deceased, she at last took the drastic step and committed suicide. The demand is in respect of cash of Rs.50,000/- and other valuables. Such allegation of demand is against all the accused persons. In course of hearing, it is informed that the mother-in-law has been released on bail vide BLAPL No.9450 of 2024. Considering the above facts and submission of learned counsel for the petitioner and objection of Mr. Jena, learned AGA for the State and the fact that there is closure of investigation in the meantime, the Court is of the view that the petitioner, who is in custody from 20th March, 2024 almost a year by now should be allowed to go on bail with stringent conditions. 5. Accordingly, it is ordered. 6. 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.456 of 2024 arising out of Nimakhandi P.S. Case No.89 of 2024 subject to him furnishing bail bonds of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C.(Rural) (Cog. Taking), Berhampur, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. p. 3 7. The BLAPL is disposed of. 8. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge TUDU