Sabita Behera Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Sabita Behera Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in connection with G.R. Case No.829 of 2024 / Info Valley P.S. Case No.294 of 2024 upon cash security of Rs.50,000/- (kept in fixed deposit with any nationalized bank for six months) and bail bond of Rs.40,000/- with one solvent surety to the satisfaction of the learned J.M.F.C., Jatni, with liberty to impose further suitable conditions.

Issue for consideration

Whether the petitioner, arrested and in custody since 12.11.2024 in connection with G.R. Case No.829 of 2024 (Info Valley P.S. Case No.294 of 2024), with investigation concluded and chargesheet filed, should be released on bail under Section 483 BNSS.

Court's answer

The petition under Section 483 BNSS stands allowed; the petitioner is directed to be released on bail in G.R. Case No.829 of 2024 arising out of Info Valley P.S. Case No.294 of 2024, subject to furnishing cash security of Rs.50,000/- to be kept in fixed deposit with any nationalized bank for six months and a bail bond of Rs.40,000/- with one solvent surety, with liberty to the learned J.M.F.C., Jatni to impose further suitable conditions, including that she shall not be involved in any such criminal activities in future.

Ratio / Principle

The Court allowed bail having regard to the facts that the investigation was over and the petitioner, a lady, had been in custody from 12th November, 2024 while the co-accused (her husband) was still in custody; it also noted the alleged non-refund of Rs.2.8 lac received towards construction of a house and that the petitioner has three more cases to her credit.

Detailed headnote1 paragraphs

Bail — Section 483 BNSS — Lady applicant in custody since 12.11.2024 in G.R. Case No.829 of 2024 (Info Valley P.S. Case No.294 of 2024), investigation concluded and chargesheet filed — BLAPL allowed; release on bail conditioned on cash security of Rs.50,000/- kept in fixed deposit with a nationalized bank for six months and bail bond of Rs.40,000/- with one solvent surety; Court below free to impose further conditions, including abstention from criminal activity; Court noted non-refund of Rs.2.8 lac allegedly received for house construction and three other cases against the petitioner.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.331 of 2025

Sabita Behera

…. Petitioner

Mr. M. Das, Advocate

-Versus-

State of Odisha

…. Opposite Party

Mr. R. Pradhan, ASC

CORAM:

MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

15.01.2025

Heard learned counsel for the petitioner and State.

Instant petition under Section 483 BNSS is filed for release of the petitioner on bail in connection with G.R. Case No.829 of 2024 pending in the file of learned J.M.F.C., Jatni corresponding to Info Valley P.S. Case No.294 of 2024 on the grounds stated.

Learned counsel for the petitioner submits that the husband of the petitioner to be involved but the amount was received in her account and hence, has been arrested by the police and considering the fact that the investigation is concluded with the chargesheet being filed in the meantime, she should be allowed to go on bail on any conditions but the same is objected to by Mr. Pradhan, learned ASC for the State referring to the FIR i.e. Annexure-1

Gone through the contents of Annexure-1 and rejection order i.e. Annexure-2.

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The Court finds that the accused persons said to have received an amount of Rs.2.8 lac towards construction of a house from the informant, which was not refunded. It is submitted to the Court by Mr. Pradhan, learned ASC that the petitioner is having three more cases to her credit. Having regard to the above facts and since the investigation is over and the petitioner has been in custody from 12^th November, 2024 and a lady, who happens to be the wife of the co-accused still in custody, the Court is inclined to allow her to go on bail subject following conditions.

6. Hence, it is ordered.

In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioner is directed to be released on bail in connection with G.R. Case No.829 of 2024 arising out of Info Valley P.S. Case No.294 of 2024 subject to her furnishing a cash security of Rs.50,000/-(rupees fifty thousand) before the learned court below which shall be kept in a fixed deposit with any nationalized bank for a period of six months and also a bail bond of Rs.40,000/-(rupees forty thousand) with one solvent surety for the like amount to the satisfaction of the learned J.M.F.C., Jatni, who shall be at liberty to impose such other suitable conditions as deemed just and necessary besides the following, such as, she shall not be involved in any such criminal activities in future.

8. The BLAPL is disposed of.

Urgent certified copy of this order be granted as per rules.

(R.K. Pattanaik) Judge Signature Not Verified

Digitally SignedTUDU Signed by: THAKURDAS TUDU Reason: Authentication Location: OHC, CUTTACK Date: 16-Jan-2025 13:47:38

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