IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No. 2038 of 2026 Sumati Gouda @ Padi Gouda …. Petitioner Mr. J. Sahoo, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. K. Lenka, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 18.05.2026 02. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioner in connection with G.R. Case No.204 of 2019(A) pending in the file of learned J.M.F.C. Buguda arising out of Buguda P.S. Case No.216 of 2019 on the grounds stated. 3. Perused the FIR as at Annexure-1. This Court by order dated 16th April, 2026 had directed the State to go through the depositions of the witnesses examined during the trial in S.T. No.7 of 2022 in respect of the accused husband, namely, Sarat Gouda, which is still in progress as informed to the Court by Mr. Sahoo, learned counsel for the petitioner. Today, referring to the depositions at Flag-K, it is submitted by Mr. Sahoo, learned counsel that there is no material against the petitioner, namely, sister-in-law of the principal accused, who is in custody at present. The further submission is that the petitioner is blessed with a baby of tender age, who was born on 8th October, 2023. A copy of the birth certificate of the child is produced and the same is perused. The submission is that the evidence received during the trial could not be produced before this Court at the time of hearing of the earlier ABLAPL disposed of on 16th July, 2025, hence, in absence of any such evidence adverse to her, the petitioner, a lady of 27 years, should be allowed to go on bail with any conditions. 4. Recorded the objection of Mr. Lenka, learned ASC for the State. It is submitted that the petitioner was one among the accused persons, who allegedly harassed the victim. The FIR is lodged against the entire family including the principal accused for an offence under Section 302 IPC. The record reveals that the murder has been committed by the accused husband, who is currently facing trial. Considering the fact that the petitioner is claimed to be not involved in the alleged murder but sister-in- law of the deceased in absence of anything alleged against her so revealed from the depositions of the witnesses as at Flag-K but recording the objection of the State, this Court is inclined to reconsider the bail plea notwithstanding the earlier order in the ABLAPL at Flag-B to direct her to surrender before the learned court below for being released with conditions. However, it is made clear that the Court has not expressed any opinion on merits with regard to the evidence received in S.T. No.7 of 2022, while dealing with the present ABLAPL vis-à-vis the involvement of the petitioner, which is to independently during trial without being influenced by any of the observations made herein above. 5. Accordingly, it is ordered. 6. In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioner surrenders before the court of learned J.M.F.C. Buguda within a fortnight from today, it is directed that she shall be released on bail in connection with G.R. Case No.204 of 2019(A) corresponding to Buguda P.S. Case No.216 of 2019 on furnishing a bail bond of Rs.20,000/- (rupees twenty thousand) with one solvent surety for the like amount with such other conditions imposed as deemed proper in the facts in the circumstances of the case. 7. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Rojina Designation: Junior Stenographer