Allowed¶17

Jyotsna Nayak @ Jyotsna Rani Pradhan v. State of Odisha

Criminal bail – S.483 BNSS

Orissa HC22 Aug 2025BLAPL/1646/2025

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What did the court decide?

Bail application allowed; petitioner admitted to bail on furnishing bail bond of Rs.25,000/- with one solvent surety 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; urgent certified copy ordered as per Rules. ¶17

Jyotsna Nayak @ Jyotsna Rani Pradhan Vs State of… — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

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Outcome

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Issue for consideration

Whether the petitioner, accused under Sections 302/201/34 IPC of murdering her husband along with coaccused persons (Odagaon P.S. Case No.67 of 2024), should be granted bail under Section 483 BNSS. +1 more

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Court's answer

Securing the attendance of the accused at trial being the paramount consideration in granting bail, no material collected by the prosecution suggests the petitioner would not attend the trial if released on bail.

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Ratio / Principle

As the petitioner is a lady having two small children, she is entitled to the benefit of the proviso appended to Section 480 of BNSS.

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Key takeaways

With some witnesses already examined and the petitioner being a lady, there is little apprehension in the mind of the Court of her tampering with the prosecution evidence.ratio¶15
In reaching its bail decision the Court kept in view the inherent right of the accused to be presumed innocent until proven guilty at the trial.obiter¶16
Without expressing any view on merits, the Court admits the petitioner to bail.ratio

Detailed headnote1 paragraphs

Criminal bail - S.483 BNSS - Woman undertrial (lady with two small children) accused with coaccused persons under Ss.302/201/34 IPC of murdering her husband and burying the body in the house courtyard to cause disappearance of evidence (Odagaon P.S. Case No.67 of 2024; S.T. Case No.39 of 2024, G.R. Case No.116 of 2024, pending before Addl. Sessions Judge, Odagaon). Held: petitioner entitled to benefit of proviso to Section 480 BNSS; no prosecution material that she would abscond; some witnesses already examined and, being a lady, little apprehension of evidence-tampering; Court, keeping in view presumption of innocence and without expressing any view on merits, admitted her to bail on bail bond of Rs.25,000/- (one solvent surety for like amount); BLAPL No.1646 of 2025 disposed of. Coram: G. Satapathy, J.; oral order dated 22.08.2025.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 1646 of 2025

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Jyotsna Nayak @ Jyotsna … Petitioner Rani Pradhan

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Mr. A. Tripathy, Advocate

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-versus-

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State of Odisha

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… Opposite Party Mr. P. Satpathy, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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02.

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ORDER(ORAL) 22.08.2025

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

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Odagaon P.S. Case No.67 of 2024 corresponding to S.T. Case No.39 of 2024 (G.R. Case No.116 of 2024) pending in the file of learned Addl. Sessions Judge, Odagaon, for commission of offences punishable U/Ss.302/201/34 of IPC, on the allegation of committing murder of her husband along with coaccused persons and burying it in the courtyard of the house to cause disappearance of evidence to screen themselves from legal punishment.

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Heard, Mr. Amitav Tripathy, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the present matter and perused the record.

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Page 1 of 3

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Admittedly, the petitioner is a lady having two small children and thereby, she is entitled to the benefit of proviso appended to Section 480 of BNSS. The paramount consideration in granting bail is securing the attendance of the accused at the trial, but no material has been collected by the prosecution to suggest that the petitioner would not attend the trial in case released on bail. Further, some of the witnesses have already been examined and the petitioner being a lady, there is little apprehension in the mind of the Court about the petitioner tampering with the prosecution evidence.

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In such view of the matter and after having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against her and taking into account the pre-trial detention of the petitioner in custody and the circumstance under which the deceased was done to death and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail.

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Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bond of Rs.25,000/- (Rupees Twenty Five Thousand) only with one solvent surety

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Page 2 of 3

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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.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy)

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Judge

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S.Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 25-Aug-2025 10:37:26

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Jyotsna Nayak @ Jyotsna Rani Pradhan v. State of Odisha

Case brief

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Jyotsna Nayak @ Jyotsna Rani Pradhan v. State of Odisha

Case brief

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