Akshaya Palai Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

Akshaya Palai Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

Petitioner released on bail in Nikirei P.S. Case No.252 of 2025 / G.R. Case No.346 of 2025 on furnishing a bail bond of Rs.20,000/- with two solvent sureties for the like amount, subject to further conditions as the learned court below may deem just and proper (including no indulgence in criminal activities and appearance before the trial Court on each trial date); violation of any condition shall entail cancellation of bail. Urgent certified copy to issue as per Rules.

Issue for consideration

Whether the petitioner, in judicial custody since 08.07.2025 for alleged offences under Ss.80/85/103/3(5) B.N.S. and S.4 Dowry Prohibition Act, 1961 in Nikirei P.S. Case No.252 of 2025 / G.R. Case No.346 of 2025, should be released on bail under S.483 B.N.S.S., his earlier bail prayer having been rejected by the Addl. Sessions Judge, Kendrapara on 12.08.2025.

Court's answer

Weighing the submissions of both sides, the nature of accusation against the petitioner, the surrounding circumstances under which the deceased committed suicide, and the period of detention already undergone in judicial custody, the Court was inclined to release the petitioner on bail.

Ratio / Principle

The petitioner was directed to be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/- with two solvent sureties for the like amount, to the satisfaction of the court seisin over the matter, subject to such further conditions as the court below deems just and proper (including that the petitioner shall not indulge in criminal activities and shall appear before the trial Court on each date of posting); violation of any condition shall entail cancellation of bail.

Detailed headnote1 paragraphs

Bail under S.483 B.N.S.S. allowed (order dated 20.09.2025, Justice S.K. Sahoo, High Court of Orissa). Petitioner, the father-in-law of the deceased Gitanjali Das, sought bail in Nikirei P.S. Case No.252 of 2025 / G.R. Case No.346 of 2025 (J.M.F.C. (C.T.), Kendrapara) for alleged offences under Ss.80/85/103/3(5) B.N.S. and S.4 Dowry Prohibition Act, 1961, arising out of the suicide of the deceased allegedly on account of matrimonial dispute; counsel relied on the post mortem indicating death by asphyxia due to ante mortem hanging with no other bodily injury, and on substantial progress of investigation. Earlier bail prayer had been rejected by the learned Addl. Sessions Judge, Kendrapara on 12.08.2025. Considering the nature of accusation, the circumstances of the suicide and the period of judicial custody since 08.07.2025, the Court released the petitioner on bail on a bond of Rs.20,000/- with two solvent sureties, subject to conditions (no criminal activity; appearance on each trial date), breach entailing cancellation; BLAPL disposed of.

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.8766 of 2025

Akshaya Palai …. Petitioner

Mr. Biplaba P.B. Bahali, Advocate

-versus-

State of Odisha …. Opp. Party

Mr. Jateswar Nayak, Addl. Government Advocate

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

01.

Signature Not Verified

Digitally Signed Signed by: RAJESH KUMAR BADHEI Designation: Junior Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA, CUTTACK Date: 22-Sep-2025 10:57:18

20.09.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode). Heard.

This is an application for bail under section 483 of B.N.S.S. in connection with Nikirei P.S. case no.252 of 2025 corresponding to G.R. Case No.346 of 2025 pending in the file of learned J.M.F.C. (C.T.), Kendrapara for alleged commission of offences under sections 80/85/103/3(5) of B.N.S. and section 4 of the Dowry Prohibition Act, 1961.

The prayer for bail of the petitioner was rejected by the learned Addl. Sessions Judge, Kendrapara vide order dated 12.08.2025.

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Learned counsel for the petitioner submits that the petitioner is in judicial custody since 08.07.2025 and he is the father-in-law of the deceased Gitanjali Das, who committed suicide on account of matrimonial dispute and the post mortem report also indicates that the cause of death was due to asphyxia as a result of ante mortem handing and except the injuries around the neck, there is no other injury in any part of the body. Learned counsel further submits that investigation has made substantial progress and therefore, the bail application of the petitioner may be favourably considered. Learned counsel for the petitioner has filed the certified copy of the statement of the witnesses, the inquest report as well as post mortem report, which are taken on record.

Learned counsel for the State, on the other hand, opposed the prayer for bail.

Considering the submission made by the learned counsel for the respective parties, the nature of accusation against the petitioner, surrounding circumstances under which the deceased committed suicide and taking into account the period of detention of the petitioner in judicial custody, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.20,000/(rupees twenty thousand) with two solvent sureties for the like amount to the satisfaction of the learned Court

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in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail cancellation of bail.

Accordingly, the BLAPL is disposed of.

Issue urgent certified copy as per Rules.

Judge

Sipun/Rajesh

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