Babuli Jena Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Babuli Jena Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the Petitioner on bail by the court in seisin, subject to stringent conditions (periodic appearance, no criminal activity, no tampering, police-station affidavits, and plantation/maintenance of 300 saplings with official monitoring); the BLAPL was accordingly disposed of.

Issue for consideration

Whether the Petitioner, in custody since 26.08.2020 in a charge-sheeted dowry-murder case (18 of 32 witnesses examined; co-accused already bailed), should be released on bail.

Court's answer

Without entering the merits, and considering the facts, counsel's submissions and the long detention period, the Court held there was no further requirement of keeping the Petitioner in custody.

Ratio / Principle

The Petitioner was directed to be released on bail by the court in seisin over the matter, on stringent terms and conditions.

Key takeaways

Standard bail conditions imposed: appearance before the trial court on each posting; abstention from criminal activity; no tampering with prosecution evidence; affidavit before the local police station never to engage in such activities; violation of any condition to entail cancellation of bail.ratio¶24
Novel environmental condition: after the onset of monsoon (June-August 2025) the Petitioner shall plant 300 saplings of local varieties (mango, neem, tamarind, etc.) around his village on Government/community/private land (Revenue Authority to assist if land unavailable); the I.I.C. with the local Forest Officer shall monitor plantation; the Petitioner shall file an affidavit undertaking two-year maintenance of the plants; the District Nursery/D.F.O. shall supply the saplings.ratio¶29

Detailed headnote1 paragraphs

Bail granted - Babuli Jena, in custody since 26.08.2020 in Ersama P.S. Case No.158 of 2020 (C.T. Case No.14 of 2021, Addl. Sessions Judge, Kujang) under Sections 498-A/302/304-B/506/34 IPC read with Section 4 of the Dowry Prohibition Act, for the alleged dowry-demand murder of his wife on 24.08.2020 with a bill hook and bamboo sticks; charge sheet filed 16.12.2020; only 18 of 32 prosecution witnesses examined; co-accused similarly situated already released on bail. The High Court of Orissa at Cuttack (Dr. S.K. Panigrahi, J.), expressly without going into the merits and relying on the long detention period and the senile pace of trial, directed the Petitioner's release on bail by the court in seisin on stringent conditions: appearance on every trial posting, abstention from criminal activity, non-tampering with prosecution evidence, and affidavits before the local police station. Unusually, bail was further conditioned on planting 300 local-variety saplings (mango, neem, tamarind, etc.) around his village during June-August 2025 on Government, community or private land (Revenue Authority to assist in identifying land), maintaining them for two years per affidavit, with monitoring by the I.I.C. in coordination with the local Forest Officer and saplings supplied by the District Nursery/D.F.O.; violation of any condition entails cancellation of bail. The BLAPL was disposed of on 14.05.2025.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2656 of 2025

Babuli Jena

..…... Petitioner

Mr. S. Pattanaik, Adv.

-Versus-

State of Odisha …. Opposite Parties Mr. T. K. Acharya, ASC

CORAM:

DR. JUSTICE S.K. PANIGRAHI

ORDER

14.05.2025

Order No.

F.I.R	Dated	Police Station	Case No. and	Sections
No.			Courts’ Name
158	24.08.2020	Ersama	C.T. Case No.14 of 2021 pending in the Court of learned	U/S. 498- A/302/304- B/506/34 of the IPC
			Additional	read with
			Sessions Judge,	section 4 of
			Kujang	DP Act.

1. This matter is taken up through hybrid arrangement.

2. The Petitioner being in custody in connection with Ersama P.S. Case No.158 of 2020, corresponding to C.T. Case No.14 of 2021 pending in the Court of learned Additional Sessions Judge, Kujang, registered for the alleged commission of offence under Section 498-

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A/302/304-B/506/34 of the IPC read with section 4 of DP Act., has filed this petition for his release on bail.

3. The prosecution case in short is that the daughter of the Informant had married to the Petitioner. At the time of marriage the informant had given Rs.84,000/-, gold ornaments, utensils and other household articles to the bride groom as dowry. After one month of marriage of her daughter, the present petitioner and his family members demanded more dowry and assaulted the deceased. On 24.08.2020 at 9 am, the Informant got the information from his younger daughter about the murder of his elder daughter by the Petitioner and his family members by means of Bill Hock and bamboo sticks.

4. Learned counsel for the Petitioner submits that the Petitioner has been languishing in custody since 26.08.2020 and in the meantime, charge sheet has already been filed on 16.12.2020. He further submits that the co-accused persons, who are similarly situated with the Petitioner, have been released on bail by this Court. He further submits that as against total 32 prosecution witnesses, only 18 have been examined, and, therefore, the trial is not expected to be over so soon. He further submits that for such long detention of the Petitioner in custody when the trial is

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progressing at a senile pace and no such step is being taken by the prosecution to expedite the same, further detention of the Petitioner in custody is not warranted. Therefore, learned counsel for the petitioner prays that the bail application of the petitioner may be favourbaly considered and he may be allowed to go on bail in the interest of justice.

5. Learned counsel for the State vehemently opposes the prayer of the Petitioner. He submits that there is sufficient material on record to show that the Petitioner is involved in murder of the deceased who is none other, but his wife.

6. Without going into the merit of the matter, considering the facts and keeping in view the submission of learned counsel for the Petitioner and considering the long detention period, this Court is of the view that there is no requirement of keeping the Petitioner inside the custody any further. Accordingly, this Court directs that the Petitioner be released on bail by the Court in seisin over the matter on some stringent terms and conditions with further conditions that:

i. the petitioner shall appear before the trial court on each date of posting of the matter;

ii. the Petitioner shall not indulge himself in any criminal activities in future;

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iii. the Petitioner shall not tamper the evidence of the prosecution evidence in any manner;

iv. the Petitioner shall file an affidavit before the local police station that he would never engage in such criminal activities in future.

v. The petitioner, after the onset of monsoon (during June, 2025 to August, 2025), shall plant 300 saplings of local varieties, such as mango, neem, tamarind, etc., around his village on Government land, community land, or private land in the possession of the petitioner or his family members. In the event that suitable land is unavailable, the Revenue Authority shall assist in identifying land for the plantation.

Violation of any of the above conditions shall entail cancellation

of the bail.

7. The I.I.C. of the concerned Police Station in coordination with the local Forest Officer shall monitor; whether the Petitioner has planted the saplings or not.

8. It is further made clear that the Petitioner shall file an affidavit after plantation of the saplings before the local Police Station assuring that he shall maintain those plants for two years.

9. The District Nursery/D.F.O. shall extend the helping hand by supplying the saplings to the Petitioner.

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10. The BLAPL is, accordingly, disposed of.

(Dr. S.K. Panigrahi)

Judge

Gitanjali

Signature Not Verified

Digitally Signed Signed by: GITANJALI NAYAK Reason: Authentication Location: OHC Date: 26-May-2025 15:20:44

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