Orissa High Court
Jhili Mahapatra vs State Of Odisha ... Opposite Party on 25 March, 2025
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.8450 of 2024
Jhili Mahapatra ... Petitioner
Mr. B.R. Tripathy, Advocate
-versus-
State of Odisha ... Opposite Party
Mr. A.K. Apat, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
25.03.2025 Order No.
04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Subalaya PS Case No.19 of 2024 arising out of Spl. GR Case No.23 of 2024 pending in the Court of learned Sessions Judge- cum-Spl. Judge, Sonepur for commission of offences punishable U/Ss. 302/201/120(B)/34 of IPC r/w Sections 3(2)(v) SC & ST (PoA) Act, on the main allegation of hiring contract killer to eliminate Dambaru Adhikari who was found dead on the ridge of pond (Rugudibandha).
3. Heard, Mr. Biswajit Ranjan Tripathy, learned counsel for the petitioner and Mr. A.K. Apat, learned Addl. Public Prosecutor in the matter and perused the record.
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against her and regard Page 1 of 3 being had to the nature of allegation as alleged against the Petitioner and and taking into account the mode and manner of implication of the Petitioner, so also the role as alleged against her and keeping in view the pre-trial detention of the petitioner in custody since 05.02.2024 with submission of charge sheet in the meanwhile and further taking into account the other circumstances on record in entirety including the status of the Petitioner as a lady and the first proviso appended to Section 480 of BNSS, this Court without expressing any view on merits admits the Petitioner to bail.
5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) only with two solvent sureties each 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 with following conditions:-
(i) the petitioner shall not commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless her attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law and
(iii) the petitioner shall not leave the territorial jurisdiction of the trial Court Page 2 of 3 without prior permission till disposal of the case by intimating her present address of stay to the concerned Court.
It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for similar/grave offences on prima facie accusations may be treated as a ground for cancellation of bail in this case.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy) Judge Priyajit Signature Not Verified Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORISSA Date: 26-Mar-2025 11:24:31 Page 3 of 3