p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.9857 of 2025 Subham Mallick @ Suvam Mallick …. Petitioner Mr. Sitikanta Mishra, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 24.09.2025 01. 1. The petitioner is an accused in connection with Raghunathpur P.S. Case No.144 of 2025 corresponding to G.R. Case No.140 of 2025 registered on the allegation of the commission of the offences punishable under Sections 85/80(2)/103(1)/3(5) of the BNS, 2023 read with Section 4 of the D.P. Act, pending in the Court of the learned Grama Nyayadhikari-cum-J.M.F.C., Raghunathpur. The petitioner had approached the learned Sessions Judge, Jagatsinghpur in BLAPL No.158 of 2025 praying for grant of bail. The learned Court below vide its order dated 04.09.2025 rejected the bail application of the petitioner. Being aggrieved, the p. 2 petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. 2. Learned counsel for the petitioner, on instruction from the petitioner, submits that except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 3. The allegation in the F.I.R. is that on 09.07.2025 at about 12.25 P.M., the complainant Bijaya Kumar Mallick reported at the P.S. that his daughter was staying at village Jagannathpur, Kantapada. Before two years, his daughter was eloped with the present petitioner and got married to him. After their marriage, her father-in-law and other in-law demanded cash of Rs.1,00,000/- as dowry and told her daughter to inform the complainant. Accordingly, she told her father about the demand. Her father assured her to fulfill the demand. Before 8 days, the present petitioner along with other in-law members murdered her by giving poison to her. Hence, the F.I.R. 4. Learned counsel for the petitioner, by drawing the attention of this Court and reading of the forwarding report submits that, the petitioner and the deceased were in relationship and they married without the consent of their parents. They were staying at different p. 3 places on rental accommodation and misunderstanding arose amongst them. On 30.06.2025 night, both of them quarreled and consumed poison. So they fell ill. However, the petitioner could recovered from illness and he took the deceased to Raghunathpur CHC for treatment. Both of them went to Raghunathpur CHC from where the Medical Officer referred to the SCB MCH, Cuttack for treatment. Then the accused took the deceased to the SCB MCH, Cuttack. Again on 08.07.2025 morning, the health condition of the deceased was deteriorated and the accused took her to the Raghunathpur CHC, where the Medical Officer declared the deceased dead. 5. The petitioner is in custody since 10.07.2025. 6. Ms. Suvalaxmi Devi, learned Additional Standing Counsel appearing for the State opposed the prayer for bail stating that the investigation of the present case is still going on. 7. Regard being had to the nature of allegation against the petitioner and the period of custody of the petitioner since 10.07.2025, I am inclined to enlarge the petitioner on bail. 8. Hence, the petitioner is directed to be released on bail by the learned Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following p. 4 additional conditions: (i) The petitioner shall appear before the Court below on each date of posting without fail apart from extending co-operation in the investigation of the case. (ii) Non-appearance before the Court below during the trial even for once shall entail cancellation of bail granted to the petitioner; (iii) He shall cooperate with the investigation as and when required by the I.O.; (iv) He shall appear before the I.O. as and when required without fail; (v) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (vi) He shall not tamper with the evidence in any manner whatsoever; and (vii) He shall not commit any offence while on bail. (viii) He shall be released on bail subject to verification of similar type of antecedents. 9. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for withdrawal of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. Page 5 of 5 Subhasis 10. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 24-Sep-2025 18:21:06