Lilu Ada Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Lilu Ada Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Bail application allowed; petitioner admitted to bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount, subject to conditions of good conduct, attendance at trial on each posting (failure without sufficient cause actionable under Section 269 BNSS), and fortnightly reporting at the jurisdictional Police Station between 10 A.M. and 12 Noon preferably on Sundays for six months from actual release; trial Court at liberty to cancel bail on violation of conditions or fresh involvement in grave/similar offence.

Issue for consideration

Whether the petitioner should be granted bail under Section 483 BNSS in connection with SC Case No.46 of 2024 (arising out of Sindhekela P.S. Case No.144 of 2024) for offences punishable under Sections 498-A/294/323/326/506/307/452 IPC.

Court's answer

After considering the rival submissions, the nature and gravity of the offence alleged against the petitioner, the accusations sought to be brought against him, his pre-trial detention in custody since 29.05.2024, commencement of trial and examination of the injured, and other circumstances on record in entirety, the Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

The petitioner was allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case.

Key takeaways

Bail was made subject to conditions: (i) the petitioner shall not commit any offence while on bail; (ii) he shall attend the trial Court on each date of posting unless his attendance is dispensed with, and failure without sufficient cause to appear may lead the trial Court to proceed against him for offence under Section 269 BNSS; (iii) he shall report attendance before the jurisdictional Police Station once in a fortnight, preferably on Sunday of each month between 10 A.M. and 12 Noon, for six months from the actual date of release, and the IIC shall not detain him unnecessarily beyond the stipulated time.ratio¶22
The Court in seisin of the case is at liberty to cancel the bail of the petitioner without further reference to this Court if any of the conditions are violated or a case for cancellation of bail is otherwise made out; subsequent involvement of the petitioner in any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail.ratio

Detailed headnote1 paragraphs

Orissa High Court (G. Satapathy, J.), BLAPL No. 1580 of 2025, decided 02.07.2025 (oral order): Application under Section 483 BNSS by Lilu Ada, in pre-trial detention since 29.05.2024 in SC Case No.46 of 2024 (arising out of Sindhekela P.S. Case No.144 of 2024) pending before the Addl. Sessions Judge, Kantabanji, for offences under Sections 498-A/294/323/326/506/307/452 IPC, alleging torture and cruelty to his wife and assault on her with a sharp cutting weapon to take away her life. Taking into account the nature and gravity of the alleged offence, the accusations, the period of pre-trial detention, commencement of trial and examination of the injured, the Court admitted the petitioner to bail without expressing any view on merits, on furnishing bail bonds of Rs.50,000/- with two solvent sureties of the like amount, subject to conditions: no fresh offence while on bail; attendance at trial on every date of posting, failure without sufficient cause being actionable under Section 269 BNSS; and reporting once a fortnight at the jurisdictional Police Station (preferably Sunday, 10 A.M.-12 Noon) for six months from actual release. The trial Court was expressly left at liberty to cancel the bail without further reference to this Court on violation of conditions or subsequent involvement in any grave/similar offence.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1580 of 2025

Lilu Ada

Petitioner

Mr. S.K. Mohanty, Advocate

-versus-

State of Odisha

… Opposite Party Mr. A. Pradhan, Addl. PP

CORAM: JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

03.

02.07.2025

This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Sindhekela P.S. Case No.144 of 2024 corresponding to SC Case No.46 of 2024 pending in the file of learned Addl. Sessions Judge, Kantabanji, for commission of offences punishable U/Ss.498-A/ 294/323/326/506/307/452 of IPC, on the allegation of subjecting his wife to torture and cruelty and assaulting her by means of sharp cutting weapon to take away her life.

Heard, Mr. Subodh Kumar Mohanty, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-àvis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 29.05.2024 with commencement of trial in the meantime and examination of the injured and taking into account the other circumstance on record in entirety, this Court without expressing any view on merits, admits the petitioner to bail.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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 his 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 BNSS in accordance with law and

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(iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.

The IIC of jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated.

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 any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this case.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy)

Judge

S.Sasmal

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 03-Jul-2025 16:24:47

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