Ajit Kumar Sadangi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

Ajit Kumar Sadangi Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail on terms and conditions deemed fit and proper by the Court in seisin over the matter, including personal appearance before the trial Court on each date of posting without seeking representation through counsel; urgent certified copy directed to be issued as per rules.

Issue for consideration

Whether the petitioner, in custody since 04.05.2023 for the alleged commission of offence under Sections 302/201 of IPC in connection with Hinjilicut P.S. Case No. 296 of 2023 / S.T. Case No. 87 of 2023, should be released on bail, given that the prosecution case rests on P.W. 18, who does not implicate him, and there is no other evidence linking him to the occurrence.

Court's answer

In the Court's assessment, P.W. 18 (younger daughter of the deceased, examined by prosecution) does not implicate the petitioner in the least, she does not say that the deceased left the house with the petitioner, and there is no other evidence to link the petitioner with the occurrence.

Ratio / Principle

Considering the prosecution-evidence position as also the period of detention in custody since 04.05.2023, the Court decided to take a lenient view towards the petitioner.

Key takeaways

The petitioner is ordered to be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose, including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking representation through counsel.ratio¶¶22

Detailed headnote1 paragraphs

High Court of Orissa at Cuttack, BLAPL No. 529 of 2025 (Ajit Kumar Sadangi v. State of Odisha), order dated 27.01.2025, Justice Sashikanta Mishra: Petitioner, in custody since 04.05.2023 in connection with Hinjilicut P.S. Case No. 296 of 2023 corresponding to S.T. Case No. 87 of 2023 pending before the learned Addl. Sessions Judge, Chatrapur for alleged commission of offence under Sections 302/201 of IPC, is ordered released on bail. Alleged modus (per prosecution version recited): petitioner, said to have had an illicit relationship with the deceased (who was married to somebody else), took her on a scooty on the date of occurrence and committed her murder by strangulating her by means of a cloth. Prosecution case rests upon the evidence of the younger daughter of the deceased examined as P.W. 18, who does not implicate the petitioner in the least and does not say that the deceased left with the accused; the Court finds no other evidence to link the petitioner with the occurrence. On these facts and the period of detention, the Court took a lenient view and granted bail on terms to be imposed by the Court in seisin over the matter, expressly including a condition of personal appearance before the trial Court on each date of posting without representation through counsel. No precedents cited or relied upon; no quantum involved.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No. 529 of 2025

Ajit Kumar Sadangi

.… Petitione r

Mr. M.K.Nayak, Adv .

Versus -

State of Odisha

.… Opposite Party

Addl. Standing Counsel

CORAM: JUSTICE SASHIKANTA MISHRA

ORDER 27.01.2025

Order No.

01.

This matter is taken up through hybrid mode.

Heard learned counsel for the petitioner and learned Addl.

Standing Counsel for the State.

The petitioner is in custody since 04.05.2023 in connection with Hinjilicut P.S. Case No. 296 of 2023 corresponding to S.T. Case No. 87 of 2023 pending in the Court of the learned Addl. Sessions Judge, Chatrapur for the alleged commission of offence under Sections 302/201 of IPC.

It is alleged that the petitioner had an illicit relationship with the deceased, who was married to somebody else. He used to visit the house of the deceased frequently. It is further alleged that on the date of occurrence, he took the deceased on a scooty and committed her murder by strangulating her by means of a cloth.

The prosecution case appears to rest upon the evidence of the younger daughter of the deceased, who was examined as P.W. 18. Copies of the deposition of the witnesses examined so

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far have been annexed to the bail application including that of P.W.18. She does not implicate the petitioner in the least, though she admits that the petitioner had a ‘bad’ relationship with her mother. She appears to be the only person present at home when the deceased left the house but does not say that she left with the accused. There is no other evidence to link the petitioner with the occurrence.

Considering the above facts as also the period of detention in custody, I am inclined to take a lenient view. Let the petitioner be released on bail on such terms and conditions as the Court in seisin over the matter may deem fit and proper to impose including the condition that he shall personally appear before the trial Court on each date of posting of the case without seeking representation through counsel.

BLAPL is accordingly disposed of.

Issue urgent certified copy as per rules.

Deepak

( Sashikanta Mishra) Judge

Signature Not Verified

Digitally Signed Signed by: DEEPAK PARIDA Reason: Authentication Location: OHC,Cuttack Date: 28-Jan-2025 19:12:14

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