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2025 DAILYLAW 17675 (ORI)

GOURI JENA v. STATE OF ODISHA

BLAPL/1993/2025 · 2025-07-14

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1993 of 2025 Gouri Jena … Petitioner Ms. A. Ray, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 14.07.2025 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Tigiria PS Case No.0300 of 2024 corresponding to CT Case No.293 of 2024 pending in the file of learned JMFC, Tigiria, for commission of offences punishable U/Ss.85/103(1)/80/54/3(5) of BNS, on the allegation of committing dowry death of her daughter-in-law by subjecting her to torture and cruelty, along with co- accused persons in furtherance of their common intention. 3. Heard, Ms. Agnisikha Ray, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the present matter and perused the record. 4. It is not disputed that the name of the petitioner does not find place in the FIR, but she is the mother-in-law of the deceased and she is in custody since 09.01.2025. Right now, charge-sheet must have been submitted in respect of the petitioner. 5. In view of the above facts and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against her and regard being had to the pre-trial detention of the petitioner in custody since 09.01.2025 and keeping in view her status as mother-in-law of the deceased and extending the benefit of first proviso appended to Section 480 of BNSS, this Court without expressing any view on merits admits the petitioner to bail. 6. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) only with one solvent surety for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it with following conditions:- (i) the petitioner shall not commit any offence while on bail, (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS, 2023 in accordance with law, (iii) the petitioner shall not leave the territorial jurisdiction of the trial Court without prior permission till disposal of the case by intimating her present address of stay to the concerned Court. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case. 7. Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer