Deepak @ Deepak Ku. Das Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Deepak @ Deepak Ku. Das Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner admitted to bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin, on such terms and conditions as deemed fit; no view expressed on merits; BLAPL disposed of.

Issue for consideration

Whether the petitioner, arraigned along with co-accused for the alleged dowry death of his wife (offences punishable under Sections 85/80(2)/3(5) BNS r/w Section 4 of the D.P. Act) in Rajnagar P.S. Case No.130 of 2025, should be admitted to bail under Section 483 BNSS.

Court's answer

Weighing the nature and gravity of the alleged offence against the accusations, the petitioner's pre-trial detention since 19.04.2025, submission of the charge sheet, the primary post-mortem opinion (internal findings ante-mortem and consistent with cardio-pulmonary pathology) with the final opinion on cause of death pending viscera analysis, the omnibus nature of the allegations, and the accused's inherent right to be presumed innocent until proven guilty at trial, the Court admitted the petitioner to bail without expressing any view on merits.

Ratio / Principle

The bail application was allowed and the petitioner directed to be released on furnishing a bail bond of Rs.25,000/- with one solvent surety for the like amount, to the satisfaction of the learned Court in seisin, on such terms and conditions as that Court deems fit and proper.

Detailed headnote1 paragraphs

Bail — S.483 BNSS — Offences punishable under Ss.85/80(2)/3(5) BNS r/w S.4 D.P. Act (alleged dowry death of wife for demand of dowry, with co-accused in furtherance of common intention) — Rajnagar P.S. Case No.130 of 2025 / G.R. Case No.155 of 2025 pending before learned NGN-cum-J.M.F.C., Rajnagar — Petitioner in custody since 19.04.2025; charge sheet filed — Post-mortem: primary opinion records internal findings ante-mortem and consistent with cardio-pulmonary pathology; final opinion on cause of death awaited pending analysis of routine viscera — Allegations against petitioner held omnibus — Accused's inherent right to be presumed innocent until proven guilty at trial — Informant's counsel alleged failure to provide treatment to deceased in advanced stage of pregnancy and prayed for rejection — Bail granted on bond of Rs.25,000 with one solvent surety for like amount; Court expressly refrained from expressing any view on merits.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.6484 of 2025

Deepak @ Deepak Ku. Das … Petitioner

Mr. B.C. Ghadei, Advocate

-versus-

State of Odisha

… Opposite Party

Mr. M.R. Patra, Addl. PP Mr. B.K. Kund, Advocate (informant)

CORAM: JUSTICE G. SATAPATHY

Order No.

03.

ORDER(ORAL) 09.09.2025

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

This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Rajnagar P.S. Case No.130 of 2025 corresponding to G.R. Case No.155 of 2025 pending in the file of learned NGN-cum-J.M.F.C., Rajnagar, for commission of offences punishable U/Ss. 85/80(2)/3(5) of BNS r/w. Section 4 of D.P. Act, on the main allegation of committing dowry death of his wife by subjecting her to torture and cruelty prior to her death for demand of dowry along with co-accused persons in furtherance of their common intention.

Heard, Mr. Bikram Chandra Ghadei, learned counsel for the petitioner, Mr. M.R. Patra, learned Addl. Public Prosecutor and Mr. Bikash Kumar Kund, learned counsel for the informant in the matter and

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perused the record. Mr. Kund, however, specifically alleges against the petitioner for not providing proper treatment to the deceased when she was in advanced stage of pregnancy and on that score, he prays to reject the bail application of the petitioner.

After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-avis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 19.04.2025 with submission of charge sheet in the meantime and taking into account the primary opinion of the doctor “the internal findings are ante-mortem in nature and are related/ consistent with cardio-pulmonary pathology” as stated in the post mortem report and the doctor having not given the final opinion as to cause of death of the deceased pending analysis of routine viscera and there being omnibus allegation against the petitioner and keeping in view all other circumstances on record in entirety including 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.

Hence, the bail application of the Petitioner stands allowed and the Petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees

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Twenty Five Thousand) only 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.

Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules.

(G. Satapathy) Judge

S.Sasmal

Signature Not Verified

Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 10-Sep-2025 11:03:20

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