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2026 DAILYLAW 7130 (ORI)

SARAT KUMAR MOHAPATRA v. STATE OF ODISHA

BLAPL/2448/2026 · 2026-04-27

S K Panigrahi

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2448 of 2026 Sarat Kumar Mohapatra …. Petitioner(s) Mr. Jaydeep Pal, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Sonak Mishra, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 27.04.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0732 28.10.2024 Town G.R. Case No.1534 of 2024 in connection with C.T. (SS) No.56/ 2025 arising out of Dhenkanal Town P.S. Case No.732 of 2024 pending before the Court of learned Sessions Judge, Dhenkanal Sections 103 & 3(5) of the Bharatiya Nyaya Sanhita 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with C.T. (SS) No.56 of 2025 corresponding to G.R. Case No.1534 of 2024 arising out of Dhenkanal Town P.S. Case No.732 of 2024 pending before the Court of learned Sessions Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified Judge, Dhenkanal registered for the alleged commission of offences under Sections 103 and 3(5) of the Bharatiya Nyaya Sanhita, has filed this application for his release on bail. 4. The brief fact of the case is that due to the unnatural death of the deceased on 27.09.2024, the Petitioner being her husband has been inside custody based on the allegation made in the F.I.R lodged against him by the father-informant of the deceased. In the said F.I.R, it is alleged that the Petitioner and his other family members have killed the daughter of the informant. Accordingly, on completion of investigation and all the formalities, the Petitioner was taken into custody. The Petitioner has been languishing in custody since 16.12.2024. 5. Learned counsel for the Petitioner contends that the Petitioner and his deceased wife were leading a happy conjugal life. He has never tortured his deceased wife rather he was taking care of his deceased wife with utmost responsibility. He also states that the Petitioner has been languishing in jail custody since last 514 days without any trial. The charge-sheet has not yet been filed in this case. He, accordingly, prays for permitting the Petitioner to be released on bail. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 Signature Not Verified 6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; v. the Petitioner shall not threaten the informant or his family members in any manner; 8. Violation of any of the above conditions shall entail cancellation of the bail. Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 30-Apr-2026 16:30:17 9. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant