Research › Search › Judgment

High Court of Orissa · body

2025 DAILYLAW 826 (ORI)

SUBHRA KABI v. STATE OF ODISHA

BLAPL/10917/2025 · 2026-03-05

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10917 of 2025 Subhra Kabi … Petitioner Mr. D. Nayak, Sr. Advocate along with Mr. A. Bhuyan, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 05.03.2026 04. 1. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Rairangpur Town PS Case No. 02 of 2019 corresponding to ST Case No.15 of 2025 pending in the Court of learned Addl. Sessions Judge, Rairangpur for commission of offences punishable U/Ss.302/201/34 of IPC, on the main allegation of committing murder of her mother-in-law, along with her husband. 2. Heard, Mr. Dharanidhar Nayak, learned Sr. counsel who is being assisted by Mr. Akash Bhuyan, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. 3. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for committing murder of her mother-in-law along with co-accused husband, but co-accused husband has already been granted bail by a Coordinate Bench of this Court in BLAPL No. 12210 of 2024 and there appears no direct evidence available against the Petitioner. Further, in the meantime, three witnesses have already been examined, but none of them have specifically implicated the p. 2 present Petitioner. Besides, the present Petitioner is a lady and thereby, she might not be in a position to tamper with the prosecution evidence, if released on bail. In view of the aforesaid facts and circumstance and there being no direct evidence available against the Petitioner and regard being had to the pre trial detention of the Petitioner in custody since 29.11.2024 with examination three witnesses in the meantime and grant of bail to co-accused Subhendu Kabi in BLAPL No. 12210 of 2024 by a coordinate Bench of this Court and keeping in view the other circumstances on record in entirety including the status of the Petitioner as a lady and applying the first proviso appended to Sec. 480 of BNSS, this Court without expressing any view on merit admits the petitioner to bail. 4. Hence, the bail application of the petitioner stands allowed and he is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) 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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Priyajit