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2026 DAILYLAW 8481 (ORI)

FIROJA KUMAR SAHU v. STATE OF ODISHA

ABLAPL/1351/2026 · 2026-03-31

R K Pattanaik

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.1296 of 2026 Smruti Ranjan Tripathy …. Petitioners Mr. A. Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC A N D ABLAPL No.1351 of 2026 Firoja Kumar Sahu …. Petitioner Mr. A.Dash, Advocate -Versus- State of Odisha …. Opposite Party Mr. M.K. Mohanty, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 30.03.2026 02. 1. Both the ABLAPLs are taken up together and disposed of by the following common order. 2. Heard learned counsel for the respective parties. 3. Instant petitions have been filed under Section 482 BNSS by the petitioners seeking pre-arrest bail in connection with Bhawanipatna Town P.S. Case No.28 of 2026 corresponding to C.T. Case No.47 of 2026 pending in the court of learned S.D.J.M., Bhawanipatna on the grounds stated. 4. Perused the F.I.R. as at Annexure-1 and it has been lodged by the wife of the deceased. The details of the circumstances leading to the death of the deceased husband have been narrated in the FIR by the informant’s wife. As per the FIR, it is made to reveal that the deceased was serving as Project Manager of the Company at Bhawanipatna in the district of Kalahandi and staying in a firm house at the relevant point of time. Mr. Dash, learned counsel for the petitioners submit that the accused, namely, Smruti Ranjan Tripathy, is the DGM (Project) of the Company, whereas, the other petitioner in ABLAPL No.1351 of 2026 was the Manager (Construction) and they are not responsible for the death of the deceased, who committed suicide at her residence. The further submission is that alleging harassment by the petitioner in ABLAPL No.1296 of 2026, such a report was lodged by the informant. Considering the statements of the witnesses recorded under Section 180 BNSS and the nature of evidence received during investigation, it is further submitted that the petitioners cannot be held responsible for the death of the informant’s husband, hence, therefore, both should be allowed to go on bail with conditions. 5. Recorded the objection of Mr. Panda, learned ASC for the State. The case diary and other relevant police papers including the post-mortem report of the deceased have been produced and the same are gone through. As per the P.M. Report, the death of the deceased is shown as combined effect of Asphyxia and venous congestion resulting from ante-mortem compression/constriction of neck by means of in situ ligature material. Mr. Panda, learned ASC fairly submits that the death is not homicide. The material on record also suggests that the deceased ended his life by a suicidal hanging. On a reading of the statements of the witnesses examined during investigation, the Court finds that the deceased was not having any serious problem in managing the work but the allegation by the informant is against one of the accused persons, namely, Smruti Ranjan Tripathy about the deceased being subjected to harassment at his behest. The submission of Mr. Dash, learned counsel is that there is no nexus between the alleged harassment and the death of the deceased. The Court finds that the deceased committed suicide for reasons unknown and thereafter, the informant wife lodged the FIR with the allegations against the abovenamed petitioner as he was the DGM (Project) of the Company. Considering the above facts and submissions of learned counsel for the respective parties and since the death of the informant’s husband is found not to be homicidal and the allegation is directed against one of the accused persons, namely, Smruti Ranjan Tripathy as he did not heed to the grievance of the deceased, this Court is of the view that the petitioners should be allowed to go on bail with following conditions. 6. Accordingly, it is ordered. 7. In the result, the ABLAPLs are disposed of with the direction that in the event the petitioners are arrested, they shall be released on bail by the Arresting Officer on furnishing a bail bond of Rs.30,000/-(rupees thirty thousand) each with one solvent surety for the like amount each with such other conditions as deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not influence the material witnesses connected to the case in any manner whatsoever, while on bail. 8. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT