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2025 DAILYLAW 3340 (ORI)

EKADASI BEHERA v. STATE OF ODISHA

BLAPL/12877/2025 · 2026-04-23

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12877 of 2025 Ekadasi Behera … Petitioner Mr. S. Pattanayak, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):23.04.2026 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 Gop PS Case No.221 of 2024 corresponding to ST Case No.89 of 2025 (GR Case No.429 of 2024) pending in the file of learned Additional Sessions Judge, Nimapara, for commission of offences punishable U/Ss.85/103(1)/80/3(5) of BNS r/w Section 4 of DP Act, on the main allegation of committing murder and dowry death of his wife by subjecting her to torture and cruelty for demand of dowry prior to her death, along with co-accused persons in furtherance of their common intention. 3. Heard, Mr. Sambeet Pattanayak, learned counsel for the petitioner appearing virtually and Mr. T.K. Acharya, learned Additional Public Prosecutor in the matter and perused the record. 4. Mr. Sambeet Pattanayak, learned counsel for the petitioner appearing virtually submits that the petitioner has renewed his prayer for bail under the changed circumstance of submission of Viscera Report, but there is allegation against the petitioner for committing murder and dowry death of his wife, along with other allegation, however, the trial has not yet commenced and, thereby, the doctor who can adduce evidence to say about the Viscera Report is yet to be examined. In the aforesaid premises and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the materials placed on record and taking into account the refusal of bail to the petitioner earlier by this Court in BLAPL No.7150 of 2025 and there being virtually no change in circumstance except the submission of CE Report and keeping in view the other circumstances on record in entirety including the law laid down by the Apex Court in X Vrs. State of Rajasthan (2024) SCC Online SC 3539, this Court is not inclined to grant bail to the petitioner at this stage, more particularly when the trial is yet to commence. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter. (G. Satapathy) Judge Subhasmita