p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.568 of 2025 Pinku Behera …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. T.K. Acharya, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 27.01.2025 01. 1. Heard Mr. Sahoo, learned counsel for the petitioner and Mr. Acharya, learned ASC for the State. 2. Instant petition is filed for release of the petitioner on bail in connection with G.R. Case No.748 of 2024 arising out of Nirakarpur P.S. Case No.286 of 2024 pending in the file of learned N.G.N.-cum-J.M.F.C., Tangi on the grounds stated therein. 3. Perused the FIR as at Annexure-1 and the rejection order i.e. Annexure-2. 4. Mr. Sahoo, learned counsel for the petitioner produced the certified copies of the statements of the witnesses recorded under Section 180 BNS. It is submitted that the petitioner was in a relationship with the deceased, who at last committed suicide. A copy of the statement of the petitioner recorded under Section 23(2) BNS is also referred to with the submission of Mr. Sahoo, learned counsel for the petitioner that though a case under Section 103 BNS was registered but the petitioner has been forwarded under Section 108 BNS. Considering the fact that the parties were in relationship and under the circumstances revealed the investigation, p. 2 the victim having committed suicide, it is at last pleaded that the petitioner, who has been in judicial custody from 7th December, 2024, should be allowed to go on bail with any conditions. 5. Mr. Acharya, learned ASC for the State requests for time to collect the case diary and other police papers. However, since, certified copies of the statements of the material witnesses with other documents including the post-mortem report are produced in today, the Court is inclined to dispose of the petition by the following order. 6. Gone through the inquest report. As per the forwarding report, it is made to suggest that the diseased died on account of drowning as her body was found floating in a well. It is made to understand that the deceased was harassed by the petitioner despite having a relationship for about 5 years and as a result, it led to a tragic end. In fact, the petitioner is alleged of having abetted death of the deceased, hence, was forwarded under Section 108 BNS. It is informed to the Court that the chargesheet is not yet filed. Considering the above facts and submissions of learned counsels for the respective parties and since a case under Section 103 BNS is prima facie ruled out in view of the petitioner being forwarded for an offence under Section 108 BNS and under the impression that substantial part of investigation to be over, the Court, regard being had to the nature of allegations, is inclined to allow the petitioner to go on bail with following conditions. 7. Accordingly, it is ordered. 8. In the result, the petition stands allowed. As a necessary corollary, the petitioner is directed to be released on bail in connection with G.R. Case No.748 of 2024 arising out of Nirakarpur P.S. Case No.286 of 2024 subject to him furnishing a p. 3 bail bond of Rs.40,000/- (rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned N.G.N.- cum-J.M.F.C., Tangi, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case, besides the following, such as, he shall attend the PS and report the I.O. once in a week in connection of the investigation and to continue to do so, till the same is over. 9. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer