Ramesh Chandra Malik Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Ramesh Chandra Malik Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Conditional pre-arrest protection in lieu of outright anticipatory bail: on surrendering within three weeks and moving for bail, the Petitioner is to be released on bail by the learned Court in seisin on such terms as deemed just and proper, subject to (i) monthly appearance before the jurisdictional police station till submission of final form with certification to that Court, (ii) no threatening or intimidating of the informant and her family, and (iii) cooperation with the ongoing investigation; prosecution and informant may seek variance of the order on any threat perception.

Issue for consideration

Whether the Petitioner, arraigned in C.T. Case No.2266 of 2023 / Jenapur P.S. Case No.367 of 2023 for offences punishable under Sections 498A/379/294/323/354/506/34 IPC, should be protected by pre-arrest bail.

Court's answer

Considering the nature of allegation, the punishment prescribed and the background in which the allegations were levelled, the Court directed that on surrendering within three weeks and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Ratio / Principle

As an additional condition, the Petitioner shall appear before the jurisdictional police station once every month, on date and time fixed by the learned Court in seisin, till submission of final form, with certification of such appearance to be submitted to the Court in seisin.

Key takeaways

The Petitioner is directed not to try in any way to threaten or intimidate the informant and her family.ratio¶20
The prosecution as well as the informant remain free to seek variance of the order if there is any threat perception.ratio¶21
The Petitioner shall cooperate with the ongoing investigation.ratio

Detailed headnote1 paragraphs

Anticipatory bail (pre-arrest bail) - High Court of Orissa - ABLAPL No. 556 of 2024 - Applicant sought protection in connection with C.T. Case No.2266 of 2023 pending before learned J.M.F.C., Chandikhole, Jajpur, arising out of Jenapur P.S. Case No.367 of 2023, for offences punishable under Sections 498A/379/294/323/354/506/34 IPC. Petitioner's counsel submitted the allegations were exaggerated and there was no corresponding injury; State counsel, while not disputing the absence of injury, opposed protection in view of the manner of allegation. Considering the nature of allegation, the punishment prescribed and the background in which the allegations were levelled, Justice V. Narasingh directed that on surrendering within three weeks and moving for bail the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper. Conditions imposed: (i) monthly appearance before the jurisdictional police station till submission of final form, with certification of appearance to the Court in seisin; (ii) no threatening or intimidation of the informant and her family; (iii) liberty to the prosecution and informant to seek variance of the order on any threat perception; (iv) cooperation with the ongoing investigation. ABLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

ABLAPL No. 556 of 2024

Ramesh Chandra Malik …. Petitioner

Mr. P.C. Mishra, Advocate

-versus-

State of Odisha

…. Opposite Party

Mr. C.R. Swain, AGA

CORAM: JUSTICE V. NARASINGH ORDER

10.11.2025 Order No.

03.

Heard learned counsel for the Petitioner and learned counsel for the State.

The Petitioner is seeking pre-arrest bail in connection with C.T. Case No.2266 of 2023 pending on the file of learned J.M.F.C., Chandikhole, Jajpur, arising out of Jenapur P.S. Case No.367 of 2023 for commission of offences punishable under Sections 498A/379/294/323/354/506/34 of IPC.

It is submitted by the learned counsel for the Petitioner that the allegations have been made in an exaggerated manner and there is no corresponding injury. Hence, the Petitioner may be protected by prearrest bail.

Learned counsel for the State while not disputing that there is no injury submits that taking into account the manner of allegation, the Petitioner ought not to be protected by pre-arrest bail.

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Considering the nature of allegation,

punishment prescribed and the background in which the same is levelled, this Court directs that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper.

Additionally, it is directed that Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the Court in seisin.

It is further directed that the Petitioner shall not in any way try to threaten or intimidate the informant and her family.

It shall be open for the prosecution as well as the informant to seek variance of this order, if there is any threat perception.

It is needless to state that the Petitioner shall cooperate with the ongoing investigation.

Accordingly, the ABLAPL stands disposed of. 11. U.C.C. as per rules.

(V. NARASINGH)

Santoshi Signature Not Verified

Judge

Digitally Signed Signed by: SANTOSHI LENKA Reason: Authentication Location: High Court of Orissa, C utta ck Date: 12-Nov-2025 18:32:47

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