Disposed¶20

Sarat Chandra Samal v. State of Odisha

Orissa HC5 Feb 2026ABLAPL/771/2026

Case brief

AI extract

What is this about?

ABLAPL No. 771 of 2026; High Court of Orissa at Cuttack; Justice R.K. Pattanaik; Sarat Chandra Samal; pre-arrest bail; anticipatory bail; Section 482 BNSS; Section 108 BNS; Section 103(1) BNS; abetment of suicide; poisoning; SFSL Bhubaneswar; Kujang P.S. Case No. 258 of 2025; G.R. Case No.640 of 2025; JMFC (P) Kujang; BLAPL No.12371 of 2025; conditional release on surrender; bail bond Rs.40,000/-; State of Odisha.

What did the court decide?

Petitioners directed to surrender before the court of learned JMFC (P), Kujang within a fortnight; on surrender, to be released on bail in connection with G.R. Case No.640 of 2025 corresponding to Kujang P.S. Case No.258 of 2025 on furnishing bail bonds of Rs.40,000/- each with one solvent surety for the like amount each, with such other conditions as the court concerned deems just and proper.

Sarat Chandra Samal Vs State of Odisha — Murder and Culpable Homicide | Orissa HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioners are entitled to pre-arrest bail under Section 482 BNSS in connection with G.R. Case No.640 of 2025 (arising out of Kujang P.S. Case No. 258 of 2025).

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Court's answer

Pre-arrest bail is declined; instead, the petitioners are directed to surrender before the learned court below for being released on bail with suitable conditions imposed.

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Ratio / Principle

On a reading of the FIR (Annexure-1), only a general allegation of ill-treatment has been made against the petitioners.

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Key takeaways

The case now stands under Section 108 BNS, the offence having been made out in the meantime, though it was originally registered under Section 103(1) BNS.ratio¶19
Regard was had by the Court to the fact that the death was with consumption of poison by the deceased.ratio¶19
Per the post-mortem report produced, the deceased appears to have died due to poisoning, though the opinion is reserved pending receipt of the report from the SFSL, Bhubaneswar.obiter

Detailed headnote1 paragraphs

Anticipatory bail under Section 482 BNSS — Petitioners, stated to be the parents-in-law of a woman who committed suicide by consuming poison (post-mortem opinion reserved pending SFSL, Bhubaneswar report), sought pre-arrest bail in G.R. Case No.640 of 2025 (Kujang P.S. Case No. 258 of 2025) before learned JMFC (P), Kujang. The FIR (Annexure-1) disclosed only a general allegation of ill-treatment against the petitioners; the case, originally registered under Section 103(1) BNS, now stands under Section 108 BNS; the co-accused husband had already been released on bail in BLAPL No.12371 of 2025 (order dated 17th December, 2025). Pre-arrest bail was declined; the petitioners were directed to surrender before the learned court below within a fortnight, on surrender to be released on bail on furnishing bail bonds of Rs.40,000/- (rupees forty thousand) each with one solvent surety for the like amount each, besides such other conditions as the court concerned deems just and proper. ABLAPL disposed of accordingly.

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IN THE HIGH COURT OF ORISSA AT CUTTACK

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ABLAPL No. 771 of 2026

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Sarat Chandra Samal and another …. Petitioners

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Ms. A. Priya, Advocate

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-Versus-

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State Of Odisha

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…. Opposite Party

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Mr. S.K. Lenka, ASC

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CORAM:

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MR. JUSTICE R.K. PATTANAIK

ORDER

Order No.

05.02.2026

Heard learned counsel for the respective parties.

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Instant petition under Section 482 BNSS is filed seeking pre-arrest bail of the petitioners in connection with G.R. Case No.640 of 2025 pending in the file of learned JMFC (P), Kujang arising out of Kujang P.S. Case No. 258 of 2025 on the grounds stated.

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A copy of the order in BLAPL No.12371 of 2025 dated 17^th December, 2025 in respect of the co-accused husband of the deceased is produced. The submission of learned counsel for the petitioners is that the present accused persons are the parents-in-law of the victim, who committed suicide. A copy of the PM Report is produced along with a memo for the Court’s perusal. The deceased appears to have died due to poisoning though the opinion is reserved pending receipt of report from the SFSL, Bhubaneswar. On a reading of the FIR as at

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Page 1 of 2

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Annexure-1, the Court finds that general allegation of illtreatment has been made against the petitioners. The marriage of the deceased with the co-accused husband is stated to be 15 years old. Since the other accused has been released on bail in BLAPL No.12371 of 2025, regard being had to the fact that the death is with consumption of poison by the deceased and it is a case under Section 108 BNS having been made out in the meantime though originally registered under Section 103(1) BNS, the Court is though not inclined to grant pre-arrest bail to them but is of the view that they should surrender before the learned court below for being released on bail with suitable conditions imposed and accordingly, it is ordered.

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In the result, the ABLAPL is disposed of with the direction as aforesaid. In the event, the petitioners surrender before the court of learned JMFC (P), Kujang within a fortnight from today, it is directed that they shall be released on bail in connection with G.R. Case No.640 of 2025 corresponding to Kujang P.S. Case No.258 of 2025 on furnishing bail bonds of Rs.40,000/-(rupees forty thousand) each with one solvent surety for the like amount each with such other conditions imposed by the court concerned as deemed just and proper in the facts and circumstances of the case.

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Issue urgent certified copy of this order as per rules.

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Signature Not Verified

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Digitally Signed Signed by: ROJINA SAHOO (R.K. Pattanaik) Designation: Junior Stenographer Reason: Authentication Judge Location: OHC, CTC Date: 07-Feb-2026 14:30:55Rojina

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Sarat Chandra Samal v. State of Odisha

Case brief

What is this about?

What did the court decide?

Sarat Chandra Samal 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

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