Pradeep Kumar Behera @ Dipu vs State Of Orissa & Anr.

G. Satapathy, J.

This Criminal Appeal in the nature of bail U/S.14-A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the impugned order dated 02.12.2025 passed in Special Case No.71 of 2025(CT Case No. 376 of 2025) by which the learned Presiding Officer, Special Court (SC & ST), Balasore, has refused to grant bail to the appellant in connection with Remuna PS Case No.98 of 2025, for being charge sheeted for commission of offence punishable U/Ss.80(2)/85/103(1)/3(5) of BNS r/w Section 4 of DP Act and U/S. 3(1)(r)/3(2)(v) of the Act, on the main allegation of committing murder and dowry death of his wife belonging to SC category by subjecting her to torture and cruelty for demand of dowry, along with co-accused persons in furtherance of their common intention by taking advantage of her caste.

Heard, Mr. Sanjib Kumar Bhanjadeo, learned counsel for the appellant and Mr. C.Mohanty, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated as apprised by learned Addl. PP.

After having considered the rival submissions upon perusal of record, no doubt there appears allegation against the appellant for committing the above offences, but the marriage between the deceased and the appellant was solemnized in the year 2019 out of courtship. The primary cause of death of the deceased is due to poisoning, but the materials on record discloses that the deceased was admitted to CHC, Remuna on 16.05.2025 and thereafter, she was shifted to SCB MCH, Cuttack on 17.05.2025, but the deceased died in SCB MCH, Cuttack on 19.05.2025. The charge sheet indicates that there is dispute between the husband and wife on account of extra marital affair. In the above premises and on consideration of materials placed on record together with the cause of death of the deceased and the circumstance under which the deceased allegedly died on poisoning and keeping in view the other circumstance on record in entirety including the inherent right of the accused-appellant to be presumed innocent until proven guilty at the trial and the unlikelihood of commencement of trial in near future and lastly, no material being collected to suggest that the appellant would abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on the merits, considers it proper to admit the appellant to bail.

Hence, the CRLA stands allowed and the impugned order is, hereby, set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions except cash surety as deem fit and proper by the learned Court in seisin over the matter.

Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference.