The High Court
Case Details
Order No. 01. IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4874 of 2025 Sameer @ Samir Kumar Patra …. Petitioner Ms. Sanskriti Mohanty, Advocate State of Odisha …. Opp. Party -versus-
Legal Reasoning
Mr. Aurobinda Mohanty, ASC CORAM: JUSTICE SIBO SANKAR MISHRA
Decision
ORDER 14.05.2025 1. The petitioner is an accused in connection with Keonjhar Town P.S. Case No.369 of 2024 corresponding to G.R. Case No.1259 of 2024 registered on the allegation of the commission of the offence punishable under Section 103 of the BNS, 2023, pending in the Court of the learned S.D.J.M., Keonjhar. The petitioner had approached the learned Sessions Judge, I/C, Keonjhar in Bail Application No. 78 of 2025 praying for grant of bail. The learned Court below vide its order dated 25.03.2025 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 439 of the Cr.P.C. praying for enlargement on bail. Page 1 of 5 2. 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. 3. The allegation against the petitioner is that on 07.07.2024, the complainant reported at the P.S. alleging that on 06.07.2024, his younger sister was missing from his house. The complainant reported that his younger sister has been murdered by the present petitioner by pressing her neck. Hence, the F.I.R. 4. After the investigation, the charge sheet has already been filed in the present case on 25.04.2025 for the alleged commission of the offence punishable under Section 108 of the BNS, 2023 (abatement to commit suicide). Copy of the charge sheet has been filed by the petitioner, which is taken on record. Relevant portion of the charge sheet reads as under: “Hence the deceased asked accused Samir Kumar Patra, but Samir Kumar Patra ignored her and clearly stated that he has no relationship with her. He even did not respond her voice. While the deceased requested him repeatedly, he started kept himself away and asked her to leave away from his life. As the act of instigation of Samir Kumar Patra, deceased Tapaswini Jena committed suicide on a Nim Tree by Gamuchha at Hudisahi near Village Dimbo. Sri Jitendra Kumar Dalai, OPS, Dy. S.P., (DHRPC) Keonjhar has been pleased to supervise the I attended his supervision with case locally. Page 2 of 5 order vide Memo No.1391(3) connected papers and available witnesses. Received Report No.II i.e. the supervision notes of Sri Jitendra Kumar Dalai, OPS, Dy. S.P., (DHRPC) Keonjhar in the case. From the fact and circumstances discussed above so far it is true case U/s. 108 BNS against the accused person Samir Kumar Patra (22) S/o. Lt. Dhyan Patra, At Dimba, Patra Sahi, P.S. Town, Dist. Keonjhar. Received of VHF Message vide Ref: G.R. Case No.1259/2024, Arising out of Town PS Case No.369/2024 from SCI, Sadar Court, Keonjhar No.43/CSI, Sadar Keonjhar, dt. 13.02.2025 that the accused person Samir Sameer Kumar Patra, S/o. Dhyana Patra, At/P.O. Dimba, PS- Town, Dist. Keonjhar has been surrender in the Court of SDJM Keonjhar on 12.02.2025 and remanded to jail custody. Made prayer to the Honors court of SDJM Keonjhar to passing order for 2 (Tow) days Police remand of the accused Samir Sameer Kumar Patra (22) S/o. Dhyana Patra, At/P.O. Dimbo, PS- Town, Dist. Keonjhar for collection of evidence. Received on extracted 16.04.2025 passed by the S.D.J.M., Keonjhar in GR Case No.1259/2024 arising out of Keonjhar Town P.S. Case No.369 dt. 07.07.2024 for passing necessary order for Police remand of accused namely Samir Sameer Kumar Patra S/o. Dhyana Patra, At/P.O.- Dimbo PS Town, Dist. Keonjhar for collection of evidence. Made prayer to the Medical Superintendent DDMCH, Keonjhar for Medical examination and Biological sample collection of accused. Seized biological sample of accused collected by MO. Made prayer to the Honorable court of S.D.J.M., Keonjhar for packing and sending the seized exhibits to Director S.F.S.L., Rasulgarh, Bhubaneswar for chemical examination and opinion and DNA profiling. All the investigation of the case and as all the instructions imparted in the S. Note of Sri J.K. Dalai, OPS, Dy. S.P. DHRPC, Keonjhar have been complied. Hence, I submitted FCR with a prayer to honourable SP Keonjhar for passing order to submit U/Sec. 108 BNS against the accused person namely Samir Sameer Kumar Patra (23) S/o. Dhyana Umakanta Patra, At/P.O.- Dimbo, P.S. Town, Dist. Keonjhar to face his trial in the court of law. Received orders from SP Keonjhar to submit CS U/Sec. 108 BNS against the accused person namely Samir Sameer Kumar Patra (23) S/o. Dhyana Umakanta Patra, At/P.O. Dimbo, PS. Town, Dist. Keonjhar. Hence, I submitted CS vide PS CS No.233 Page 3 of 5 dt. 25.04.2025 U/Sec. 108 BNS against the accused person namely Samir Sameer Kumar Patra (23) S/o. Dhyana Umakanta Patra, At/P.O. Dimbo, PS. Town, Dist. Keonjhar to face his trial in the court of law.” 5. The petitioner has been in custody since 12.02.2025. The charge sheet has already been filed in the present case on 25.04.2025. Therefore, further custody of the petitioner is not desirable. Hence, learned counsel for the petitioner is seeking for grant of bail. Learned counsel for the State vehemently opposed the prayer made by the learned counsel for the petitioner. 6. Regard being had to the nature of allegation against the petitioner and the period of custody of the petitioner since 12.02.2025 and the fact that the charge sheet has already been filed in the present case, I am inclined to enlarge the petitioner on bail. 7. Hence, the petitioner is directed to be released on bail by the learned 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 appear before the Court below on each date of hearing without fail. (ii) He shall not leave the jurisdiction of the trial Court till the disposal of the trial; (iii) He shall not tamper with the evidence in any manner whatsoever; and Page 4 of 5 (iv) He shall not commit any offence while on bail. (v) He shall not be in touch with the victim and try to influence the victim in any manner whatsoever. (vi) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. Subhasis Judge (S.S. Mishra) Signature Not Verified Digitally Signed Signed by: SUBHASIS MOHANTY Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa, Cuttack. Date: 15-May-2025 20:35:01 Page 5 of 5