Orissa High Court
Nrupati Behera And Another vs State Of Odisha on 15 October, 2025
Author: S.K. Sahoo
Bench: S.K. Sahoo
IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA No. 347 of 2022
Nrupati Behera and another ..... Appellants/Petitioners
Ms. C. Kasturi, Advocate
-versus-
State of Odisha ..... Respondent/Opp. Party
Mr. S.C. Pradhan, ASC
CORAM:
THE HON'BLE MR. JUSTICE S.K. SAHOO
THE HON'BLE MR. JUSTICE S.S. MISHRA
ORDER
Order No. 15.10.2025
I.A. No. 1617 of 2025
15. This is an application for bail filed by appellant no.1.
Heard learned counsel for the appellants and the
learned counsel for the State.
The appellant-petitioner no.1 has been convicted under
sections 498-A/302/201/34 of the Indian Penal Code read
with Section 4 of the D.P. Act and was sentenced to undergo
rigorous imprisonment for life and to pay a fine of
Rs.20,000/- (rupees twenty thousand) in default, to undergo
R.I. for two years for the offence under section 302 of the
Indian Penal Code; to undergo R.I. for seven years and to
pay a fine of Rs.10,000/- (rupees ten thousand) in default,
to undergo R.I. for one year for the offence under Section
201 of the IPC; to undergo R.I. for three years and to pay a
fine of Rs.5,000/- (rupees five thousand) in default, to
undergo R.I. for six months for the offence under Section
498(A) of the IPC; and to undergo R.I. for one year and to
pay a fine of Rs.2,000/- (rupees two thousand) in default to
undergo further period of R.I. for three months for the
offence under Section 4 of the D.P. Act and all the sentences
shall run concurrently as directed by the learned Additional
District and Sessions Judge, Kantabanji in Sessions Case No.
31 of 2018, arising out of Turekela P.S. Case No. 32 of 2018
corresponding to G.R. Case No. 132 of 2018.
Perused the impugned judgment.
Learned counsel for the State has produced the
custody certificate received from the Superintendent, Sub-
Jail, Kantabanjhi, which indicates that the appellant no.1 has
remained in judicial custody for seven years and four
months. He has also produced the report received from the
O.I.C., Turekela Police Station dated 20.07.2025, which
shows that there is no criminal antecedents against the
appellant no.1. Both the reports are taken on record.
Learned counsel for the appellant-petitioner submits
that the petitioner along with co-accused Rajaram Behera
faced trial in the trial court for offence punishable under
Sections 498-A/302/406/201/34 of Indian Penal Code read
with Section 4 of the D.P. Act and the learned trial court
found both of them guilty under Sections 498-A/302/201/34
of Indian Penal Code read with Section 4 of the D.P. Act.
The co-accused Rajaram Behera has been granted bail by
this Court vide order dated 19.12.2022. It is argued that the
appellant no.1 stands in a similar footing and he is in judicial
custody for more than seven years and the occurrence in
question took place about twelve years after the marriage
and the evidence of the mother of the deceased, who has
been examined as P.W.22 shows that the deceased and the
appellant no.1 were living with happy conjugal life for about
ten to twelve years. Learned counsel submits that in view of
the available materials on record, the bail application may
be favourably considered.
Learned counsel for the State on the other hand
opposed the prayer for bail and submits that the appellant
no.1 is not similarly situated like the co-accused Rajaram
Behera and the doctor (P.W.23), who conducted the post
mortem examination has opined the cause of death was on
account of neck compression, which is homicidal in nature.
Though there is no direct evidence in the case, but since the
appellant no.1 was residing with the deceased and he has
not discharged the burden by stating as to how the
deceased-wife met homicidal death. Therefore, the bail
should not be granted to the appellant no.1.
Considering the submissions made by learned counsels
for the respective parties, the nature of evidence adduced
during the trial and the post mortem findings, while not
inclining to release the appellant no.1 on bail on merit, but
taking into account his period of detention in judicial custody
and absence of any chance of early hearing of the appeal,
we are inclined to release the appellant-petitioner no.1 on
interim bail for a period of three months from the date of his
release. The appellant-petitioner no.1 shall surrender before
the learned trial Court on expiry of three months period.
For the above period, let the appellant-petitioner no.1-
Nrupati Behera be released on interim bail in the aforesaid
case on furnishing bail bond of Rs.20,000/-(rupees twenty
thousand) with one local solvent surety for the like amount
to the satisfaction of the learned trial Court, subject to
condition that while on interim bail the appellant-petitioner
no.1 shall not indulge in any criminal activities in any
manner.
Violation of any of the conditions shall entail
cancellation of interim bail.
The I.A. is disposed of accordingly.
Issue urgent certified copy of this order as per rules.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
16. Put up this matter in the week commencing from 27th
January, 2026.
Learned counsel for appellant-petitioner shall file the
surrender certificate of appellant no.1 on the next date.
(S.K. Sahoo)
Judge
(S.S. Mishra)
Judge
Ashok/Swarna
Designation: Senior Stenographer
Location: High Court of Orissa
Date: 16-Oct-2025 15:55:41
