Allowed¶19

Gopal Krushna Sahu v. State of Odisha

Orissa HC18 Sept 2025CRLA/212/2025

Case brief

AI extract

What is this about?

Bail appeal under S.14-A SC/ST (Prevention of Atrocities) Act, 1989; CRLA No.212 of 2025; High Court of Orissa; G. Satapathy, J.; dowry death; abetment of suicide; Scheduled Caste victim; Ss.85/80/108/316(2)/3(5) BNS; S.4 DP Act; S.3(2)(v) SC/ST Act; Chatrapur PS Case No.750 of 2024; GR Case No.53 of 2024; Special Judge Chatrapur refusal of bail set aside; bail granted subject to condition not to threaten, induce, influence or coerce witnesses; custody since 23.11.2024.

What did the court decide?

Appellant directed to be released on bail on such terms and conditions as deemed fit and proper by the learned Court in seisin over the matter, subject to the condition that he shall not threaten, induce, influence or coerce any witnesses acquainted with the facts of the case. ¶19

Gopal Krushna Sahu Vs State of Odisha — Dowry and Cruelty | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the appellant, chargesheeted for dowry death and abetment of suicide of his Scheduled Caste wife, should be admitted to bail in an appeal under S.14-A of the SC/ST (Prevention of Atrocities) Act against the Special Judge's order refusing bail.

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Court's answer

Considering the nature and gravity of the offences alleged, the accusations against the appellant, his pre-trial detention since 23.11.2024, the examination of the complainant in the meantime, the doctor's opinion on the primary cause of death in the post-mortem report, all other circumstances on record, and the accused's right to be presumed innocent until proven guilty, the Court, without expressing any view on the merits, considered it proper to admit the appellant to bail subject to conditions.

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Ratio / Principle

The CRLA stands allowed and the impugned order refusing bail is quashed/set aside.

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Key takeaways

The appellant is to be released on bail on such terms and conditions as deemed fit and proper by the learned Court in seisin over the matter, subject to the condition that he shall not threaten, induce, influence or coerce any witnesses acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court.ratio¶22

Detailed headnote1 paragraphs

Bail — Criminal appeal under S.14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 (with amendment Act, 2016) against order dated 13.12.2024 in GR Case No.53 of 2024 by the Additional Sessions Judge-cum-Special Judge, Chatrapur, Dist-Ganjam refusing bail — Appellant chargesheeted in Chatrapur PS Case No.750 of 2024 for offences punishable under Ss.85/80/108/316(2)/3(5) BNS r/w S.4 DP Act and S.3(2)(v) of the SC/ST Act, on the main allegation of committing dowry death and abetment of suicide of his wife belonging to the Scheduled Caste by subjecting her to torture and cruelty for demand of dowry by taking advantage of her caste — Appellant in custody since 23.11.2024; complainant examined in the meantime — Held, considering the nature and gravity of the offences, period of pre-trial detention, examination of the complainant, the post-mortem opinion on the primary cause of death, and the accused's right to be presumed innocent until proven guilty, and without expressing any view on the merits, the appellant was admitted to bail: CRLA allowed and impugned order quashed/set aside; release subject to the condition that the appellant shall not threaten, induce, influence or coerce any witnesses acquainted with the facts of the case.

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IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.212 of 2025

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Gopal Krushna Sahu … Appellant Mr. P.K. Mohanty, Sr. Advocate along with Mr. S.N. Dash, Advocate

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-versus-

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State of Odisha

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Respondent

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Mr. A. Pradhan, Addl. PP Mr. S.K. Bhanjadeo, Advocate (Informant)

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CORAM:

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JUSTICE G. SATAPATHY

ORDER(ORAL)

Order No.

05.

18.09.2025

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

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This criminal appeal U/S. 14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) in the nature of bail is directed against the order dated 13.12.2024 passed in GR Case No.53 of 2024 by which the learned Additional Sessions Judge-CumSpecial Judge, Chatrapur, Dist-Ganjam, has refused to release the appellant on bail in connection with Chatrapur PS Case No.750 of 2024, for being chargesheeted for commission of offence punishable U/Ss.85/ 80/ 108/ 316(2)/ 3(5) of BNS r/w Section 4 of DP Act and Section 3(2)(v) of the Act, on the main allegation of committing dowry death and abetment of suicide of his wife belonging to “Scheduled Caste” by subjecting her to

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torture and cruelty for demand of dowry by taking advantage of her caste.

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Heard, Mr. P.K. Mohanty, learned Senior Counsel, who is being assisted by Mr. S.N. Dash, learned counsel for the appellant; Mr. Sanjib Kumar Bhanjadeo, learned counsel for the informant and Mr. A. Pradhan, learned Additional Public Prosecutor in the matter and perused the record.

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After having considered the rival submissions and taking into consideration the nature and gravity of the offences alleged against the appellant vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the appellant in custody since 23.11.2024 with examination of complainant in the meantime as submitted by Mr. Bhanjadeo, learned counsel for the informant and taking into account the primary cause of death of the deceased as opined by the doctor in the Post Mortem report and keeping in view the 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 the merits, considers it proper to admit the appellant to bail, but subject to conditions.

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Hence, the CRLA stands allowed and the impugned order is hereby quashed/set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions as deem fit and

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proper by the learned Court in seisin over the matter with following condition:-

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(i) the appellant shall not threaten, induce or influence or coerce any witnesses acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court.

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Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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Subhasmita

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA DAS Designation: Sr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 19-Sep-2025 10:44:41

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Gopal Krushna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Gopal Krushna Sahu v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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