Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 16632 (ORI)

LAXMIDHAR BEHERA v. STATE OF ODISHA

BLAPL/1725/2025 · 2025-03-11

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1725 of 2025 Laxmidhar Behera …. Petitioner Mr. A. Mishra, Advocate -Versus- State of Odisha …. Opposite Party Mr. Rajdeep Pradhan, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 11.03.2025 01. 1. Heard Mr. Mishra, 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. 1093 of 2024 (arising out of Chandbali P.S. Case No. 571 of 2024) pending in the file of learned JMFC, Chandbali, on the grounds stated. 3. The copies of the orders in ABLAPL Nos. 464 and 496 of 2025 are produced in Court today with the submission by Mr. Mishra, learned counsel for the petitioner that the mother-in-law accused is on bail by the order of learned court below, whereas, the husband accused has been protected by an interim order dated 16th January, 2025, and insofar as the petitioner is concerned, he happens to be the father-in-law and is in custody from 31st December, 2024 and hence, should be released with any conditions. 4. Recorded the objection of Mr. Pradhan, learned ASC for the State. 5. From the FIR i.e. Annexure-1, the Court finds that the allegation of dowry demand and torture to the deceased is omnibus in nature, as all the accused persons have been alleged of having committed the mischief. The Court further finds from the rejection order i.e. Annexure-2 that the death of the deceased was on account of Asphyxia by hanging. The investigation is still in progress, as further informed to the Court. Since the co-accused, namely, mother-in-law is on bail pursuant to the order in ABLAPL No. 496 of 2025, and the petitioner is on equal footing and has remained in custody ever since arrested, the Court, under the impression that substantial part of the investigation to be over by now, is inclined to allow the petitioner to go on bail with following conditions. 6. Accordingly, it is ordered. 7. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to go on bail in connection with G.R. Case No. 1093 of 2024 arising out of Chandbali P.S. Case No. 571 of 2024 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 JMFC, Chandbali, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case. 8. The BLAPL is disposed of. 9. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY