Orissa High Court
BLAPL/5932/2026 of SAGARIKA SWAIN @ SAGARIKA PRADHAN @ SAGARIKA BEHERA Vs STATE OF ODISHA on 7 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5932 of 2026 CNR No. ODHC010429152026 Sagarika Swain @ Sagarika Pradhan @ Sagarika Behera … Petitioner Mr. D.K. Sahoo, Advocate -versus- State of Orissa … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5932 of 2026
CNR No. ODHC010429152026
Sagarika Swain @ Sagarika
Pradhan @ Sagarika Behera
…
Petitioner
Mr. D.K. Sahoo, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. T.K. Acharya, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)07.09.2026
04.
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1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Marsaghai PS Case No.207 of 2018 corresponding to GR Case No.1542 of 2018 pending in the file of learned District & Sessions Judge, Kendrapara for commission of offences punishable U/Ss. 498(A)/436/307/302/304-B/34 of IPC r/w Sec.4 of DP Act, on the main allegation of committing murder and dowry death of her sister-in-law (wife of the brother) by setting her on fire after tying her both hands with cot and pouring kerosene and also setting fire to the house.
3. Heard Mr. Deepak Ku Sahoo, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record together with the copy of the deposition of PWs.8 to 16 as produced.
4. No doubt some of the independent witnesses have not supported the prosecution allegation, but some of them have testified against the petitioner and the allegation against the petitioner emanates from an oral dying declaration before some of the witnesses. Law is well settled that detail analysis of evidence and meticulous examination of documents on merit should be avoided at the stage of considering the bail application, however, the present case depicts serious allegation against the petitioner. Additionally, the incident had taken place on 02.12.2018, but the petitioner remained elusive to the investigating agency and NBWA was issued against her on 04.03.2019 and charge-sheet was submitted against the petitioner by showing her as an absconder, but the petitioner was apprehended after five years on 26.07.2024. The paramount consideration in granting bail is securing the attendance of the accused at the trial, but the aforesaid conduct of the petitioner speaks itself against her. In the aforesaid premises and on consideration of the materials placed on record keeping in view the evidence of witnesses so far examined in this case, this Court is not inclined to grant bail to the petitioner at this stage.
5. Hence, the bail application of the petitioner stand rejected. Accordingly, the BLAPL stands disposed of.
A soft copy of the order be immediately communicated to the learned trial Court. In view of the alternative oral prayer as advanced for the petitioner, trial be expedited, if there is no other legal impediment.
(G. Satapathy)
Judge
Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 07-Sep-2026 18:48:21 Signature Not Verified