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2025 DAILYLAW 4963 (ORI)

CHINMAYA PADIHARI v. STATE OF ODISHA

ABLAPL/8888/2025 · 2026-02-09

R K Pattanaik

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 8888 of 2025 Chinmaya Padihari …. Petitioner Mr. B. Nayak, Advocate -Versus- State of Orissa …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 09.02.2026 07. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.563 of 2025 pending in the file of learned J.M.F.C.(III), Cog. Taking, Cuttack arising out of Govindpur P.S. case No.163 of 2025 on the grounds stated. 3. Perused the FIR as at Annexure-1. A case under Section 103(1) BNS was registered, however, in the meantime, with the closure of investigation, chargesheet is filed under Section 108 BNS. From the PM Report, a copy which is made available by learned counsel for the State, it is made to appear that the deceased had a death by hanging. The case diary and other relevant papers are also produced for the Court’s perusal. The case diary reveals the details of the circumstances leading to the death of the deceased. Due to a disturbance in the personal p. 2 relationship between the petitioner and deceased, the latter committed suicide. As it further appears from the case diary and considering the same, the death to be suicidal and the fact that the petitioner is a young man, who had been in a relationship with the deceased to the victim, this Court even though not inclined to grant him pre-arrest bail but is of the view that he should be directed to surrender before the learned court below to go on bail with conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C.(III), Cog. Taking, Cuttack within a fortnight from today, it is directed that he shall be released on bail in connection with G.R. Case No.563 of 2025 corresponding to Govindpur P.S. case No. 163 of 2025 on furnishing a bail bond of Rs.25,000/-(rupees twenty five thousand) with one solvent surety for the like amount with such other conditions imposed by the court concerned as deemed just and proper and in the facts and circumstances of the case besides the following, such as, he shall cooperate the I.O. in the investigation as per the undertaking and in view of the affidavit filed by him before this Court. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer