The High Court
Case Details
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4060 of 2025 Rajesh Ojha @ Rajesh Kumar Ojha …. Petitioner(s) Mr. K. Gaya, Advocate -versus- State of Odisha …. Opposite Party(s)
Legal Reasoning
Mr. S. J. Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA Order No. 02. 1. 2.
Decision
ORDER 09.05.2025 This is an application under Section 439 Cr.P.C. The petitioner is an accused in connection with G.R. Case No.1421 of 2024 arising out of Astaranga P.S. Case No.264 of 2024 registered for the alleged commission of offences under Sections 103(1)/80(2)/3(5) of BNS, 2023 read with Section 4 of the Dowry Prohibition Act, pending in the Court of the learned J.M.F.C., Nimapara. 3. The petitioner had approached the Court below praying for grant of bail. The learned Court below vide its order dated 07.04.2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 Cr.P.C. praying for enlargement on bail. Page 1 of 6 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. The prosecution case in short is that, on 26.12.2024, the informant being the father of the deceased lodged a written report before the I.I.C., Astaranga P.S., inter alia, alleging that one year ago, he had given marriage his daughter, namely, Dipsikha Moharana to the petitioner. After four months of marriage, the petitioner and his parents started torturing his daughter for more dowry and the deceased had informed him about this incident. On 26.12.2024, the father of the petitioner informed the uncle of the deceased that the daughter of the informant committed suicide by hanging herself. When the informant went to the house of the petitioner, he saw that the petitioner and other accused persons had killed her daughter and lay down on the bed. Hence, the F.I.R. 6. The petitioner is in custody since 27.12.2024. After investigation, charge-sheet has been filed on 24.03.2025 against the petitioner. There are three accused persons implicated in the present case. The petitioner is the husband, Nabaghana Ojha is the father- Page 2 of 6 in-law and Kunilata Ojha is the mother-in-law of the deceased. The mother-in-law was not arrested. However, the petitioner being the husband and the father-in-law were taken into custody. The father- in-law, namely, Nabaghan @ Nabaghana Ojha applied for grant of bail before this Court by filing BLAPL No.1445 of 2025. The coordinate Bench of this Court vide order dated 26.03.2025 enlarged him on bail, inter alia, observing as under:- “3. A copy of the chargesheet is produced in Court today by Mr. Gaya, learned counsel for the petitioner. It is submitted that a case under Section 108 BNS has been made out. It is submitted that though, a case under Section 103 BNS was registered but it has turned to one Section 108 BNS, as the deceased had a suicidal hanging. The submission is that the family of the petitioner intimated the informant about the death of the deceased. It is also submitted that there is general allegation against all the family members of the petitioner of dowry demand. Considering the same and since the chargesheet is filed and the petitioner, who happens to be the father-in-law and is in custody from 27th December, 2024, he should be allowed to go on bail with any conditions. Mr. Mohanty, learned ASC for the State opposes the release of the petitioner in view of ill-treatment meted out to the deceased by him and other family members on account of dowry related demand and torture. A copy of the P.M. report is also produced by Mr. Gaya, learned counsel for the petitioner in respect of the deceased and the same reveals that the cause of death due to Asphyxia and venous congestion and a case of homicidal death is ruled out in view of filing of chargesheet under Section 108 BNS. Considering the fact that there has been allegation of omnibus nature and it has been directed against the petitioner as well, who is the father-in-law and as the death has been a Page 3 of 6 in the meantime, suicidal hanging and the investigation is concluded, recording the objection of Mr. Pradhan, learned ASC for the State, the Court is inclined to release the petitioner on bail with following conditions. Accordingly, it is ordered. the petitioner 4. In the result, the petition under Section 483 BNSS is stands allowed. Consequently, directed to go on bail in connection with Astaranga P.S. Case No.264 of 2024 corresponding to G.R. Case No.1421 of 2024 subject to him furnishing bail bond thousand) with one of Rs.50,000/-(Rupees fifty solvent surety for the like amount to the satisfaction of the learned J.M.F.C., Nimapara, who shall be at liberty to impose such other suitable conditions as deemed just and proper in the facts and circumstances of the case.” 7. Learned counsel for the petitioner submits that overt act attributed to the petitioner is exactly similar to that of the co- accused who has been admitted to bail. Except the general and omnibus allegations, there is no specific allegation made against the petitioner. 8. Mr. Mohanty, learned Additional Standing Counsel for the State submits that the evidence on record is writ large and continuous torture meted out to the deceased by the petitioner which led the wife of the petitioner to take the extreme step of committing suicide. 9. Taking into consideration the nature of allegation, period of custody and the fact that the co-accused person has already Page 4 of 6 enlarged on bail and charge-sheet has been filed, I am inclined to admit the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall report before the concerned Police Station being physically present on last Sunday every month for six months. (ii) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (iii) He shall appear before the trial Court on each date on which the case is posted for trial. (iv) He shall not tamper with the evidence in any manner whatsoever; and (v) He shall not commit any offence while on bail. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If Page 5 of 6 such application is moved, the trial Court should decide the application on its own merit. 10. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 12-May-2025 11:16:44 Page 6 of 6