Obaidur Rahaman Vs State of Odisha

Digitally Signed Signed by: LITARAM MURMU1. This matter is taken up through hybrid arrangement. 1. This matter is taken up through hybrid arrangement. Reason: Authentication Location: OHC Date: 29-Apr-2025 19:35:262. He ar d learned counsel for the Parties.

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Signed by: LITARAM MURMU1. This matter is taken up through hybrid arrangement. 1. This matter is taken up through hybrid arrangement.

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The petitioners, currently in judicial custody in connection with Dhauli P.S. Case No.90 of 2024, corresponding to C.T. Case No.171 of 2024 pending before the learned 3^rd Additional Sessions Judge, Bhubaneswar, registered for alleged offences under Sections 306/201/34 of IPC, have filed the present application seeking release on bail.

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The brief fact of the case is that one Sri Hina Dakua (Father of deceased) lodged a written report dated 08.04.2024 before the Dhauli Police Station, Dhauli Police against one Sk. Raju and others. It is alleged that the informant along with his family members were residing in a rented house of one Deepak Ku. Jena situated at Gangotrinagar Lane-1,Bhubaneswar,. One Sk. Raju was working as Mason -cum-Contractor for construction of house of one Himanshu Sekhar Parida. Deceased Bhagya Dakua along with petitioners have working under said Sk.RaJu as daily labourer. The deceased had developed love affairs with said Sk. Raju. Further, the said Sk.Raju approached the informant to give him his daughter in marriage. The family members of deceased objected and warned him not to keep any

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relationship with their daughter. After some days, Sk.Raju Signature Not Verified Digitally Signed abducted his daughter from work place. On being asked, he Signed by: LITARAM MURMU Reason: Authentication Location: OHC denie d to have any knowledge about his daughter. On Date: 29-Apr-2025 19:35:26

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07.04.2024 police asked him to come to police station. In the morning, when he along with his wife went to Dhauli Police Station, they came to know from police that their daughter has committed suicide. So, he suspected involvement of said Sk.Raju in this case. It is further alleged that Sk.Raju along with his associates have taken away the dead body of his daughter to the river bank by a motorcycle and disposed of the same in order to screw up the evidence.

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Learned counsel for the petitioners submits that the petitioners have been falsely implicated in the present case and have no involvement whatsoever in the alleged offences as claimed by the prosecution. It is further submitted that the Petitioners have been in judicial custody since 09.04.2024. Accordingly, it is prayed that the Petitioners be released on bail.

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Learned counsel for the Petitioners further contends that the charge sheet has already been submitted on 28.06.2024.

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Learned counsel for the State vehemently opposes the prayer for bail, emphasizing the seriousness of the allegations.

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Without delving into the intricacies of the case or the merits

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of the allegations, and in light of the facts and circumstances at Signature Not Verified Digitally Signed hand, this Court is of the view that the petitioners should be

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Digitally Signed Signed by: LITARAM MURMU Reason: Authentication Location: OHC grant ed bail by the learned court in seisin over the matter in the Date: 29-Apr-2025 19:35:26

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aforesaid case. However, such release shall be conditioned upon stringent terms and conditions, as the learned court deems fit and just. The conditions are as follows:-

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i. The petitioners shall furnish a bail bond of Rs.40,000/(Rupees forty thousand) each with two solvent sureties each for the like amount to the satisfaction of the learned court in seisin over the matter.

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ii. The petitioners shall appear before the trial court on each date of posting of the case.

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iii. The Petitioners shall not indulge themselves in any criminal offence while on bail.

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iv. the Petitioners shall not tamper the evidence of the prosecution witnesses in any manner.

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v. The Petitioners, after the onset of monsoon, shall plant 100 saplings each of local varieties, such as mango, neem, tamarind, etc., around their village on government land, community land, or private land in the possession of the petitioners or their family members. In the event that suitable land is unavailable, the Revenue Authority shall

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assist in identifying land for the plantation.

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Signature Not Verified

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Digitally Signed Violation of any of the above conditions shall entail cancellation Signed by: LITARAM MURMU Reason: AuthenticationLocation: OHC of the ba il. Date: 29-Apr-2025 19:35:26

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The I.I.C. of the concerned police station, in coordination with the local Forest Officer, shall monitor whether the Petitioners have planted the saplings as required.

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It is further directed that the Petitioners shall file an affidavit before the local police station, confirming that the saplings have been planted and that the petitioners will maintain those plants for a period of two years.

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