Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 2908 (ORI)

SITA MANIA @ MAMATA MANIA v. STATE OF ODISHA

ABLAPL/12597/2025 · 2026-01-20

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.12597 of 2025 Sita Mania @Mamata Mania …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 20.01.2026 03. 1. Heard learned counsel for the respective parties. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Begunia P.S. Case No.84 of 2023 corresponding to G.R. Case No.305 of 2023 pending in the court of learned J.M.F.C., Begunia on the grounds stated. 3. Gone through the F.I.R as at Annexure-1. 4. Recorded the submissions of learned counsel appearing for both the sides. The petitioner had earlier approached this Court twice vide ABLAPL Nos.10134 and 14394 of 2025 and at present pleads for pre-arrest bail on the grounds stated. Learned counsel for the petitioner would submit that the petitioner is a lady and alleged to be involved with the other accused persons. It is further submitted that the name of the petitioner has not been disclosed by the deceased to one of the witnesses, namely, Nilu @Judhistir Baliarsingh, whose p. 2 statement has been recorded under Section 161 Cr.P.C. In reply to the above, learned counsel for the State would submit that the name of the petitioner is disclosed by a witness, namely, Krushna Baliarsingh along with some others alleging their involvement in the assault of the deceased. The Court perused the P.M. Report of the deceased and it reveals that he sustained multiple injuries. From the FIR as at Annexure-1, it is made to understand that the victim was picked-up by the accused persons and was assaulted while being taken to a nearby jungle and later died succumbing to such injuries. 5. In course of hearing, the copies of the depositions of the witnesses examined during trial in S.T. Case No.124 of 2024 are produced. It shows that many witnesses have turned hostile and they have been examined under Section 154 of the Indian Evidence Act. It is also brought to the notice of the Court that three of the accused persons are on bail by the Court’s order in BLAPL No.12415 of 2024 and BLAPL No.1354 of 2025. One of the accused, namely, Manua Parida was declined bail vide BLAPL No.1996 of 2024 on the premise that the trial is yet to commence. In fact, the above named accused was subsequently released vide ABLAPL No.1354 of 2025. Having regard to the above facts and nature of evidence received during trial, without commenting upon the evidence so far received as it is likely to influence the trial and the fact that the petitioner is a lady and was alleged to be one of the accused persons, who committed the excess, as a result, the deceased died and since the incident of the year, 2023 and a split-up case is pending with the NBWA issued awaiting its execution against her, this Court is of the view that it is not a case of pre-arrest bail but p. 3 she should be directed to surrender before the learned court below for being released on bail with suitable conditions imposed. 6. Accordingly, it is ordered. 7. 6. Accordingly, it is ordered. 7. In the result, the ABLAPL petition stands disposed of with a direction to the petitioner to surrender before the learned J.M.F.C., Begunia within a fortnight from today and in the event, she surrenders in compliance thereof, shall be released on bail in connection with G.R. Case No.305 of 2023 arising out of Begunia P.S. Case No.84 of 2023 upon furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with one solvent surety for the like amount to the satisfaction of the court below, which shall be at liberty to impose such other conditions as deemed just and proper in the facts and circumstances besides the following condition, such as, she shall attend the inquiry and remain physically present on each date of posting till the charge is framed therein. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT