PRADEEP KUMAR BEHERA @ DIPU vs STATE OF ODISHA

IN THE HIGH COURT OF ORISSA AT CUTTACK
CRLA NO.37 of 2026
CNR NO. ODHC010910002025

(In the matter of an appeal U/S.14-A(2) of SC & ST
(PoA) Act).


Pradeep Kumar Behera @
Dipu
… Appellant
-versus-
State of Orissa and another … Respondents


For Appellant : Mr. S.K.Bhanjadeo, Advocate

For Respondents : Mr. C.Mohanty, Addl. PP


CORAM: JUSTICE G. SATAPATHY




DATE OF HEARING & JUDGMENT:09.09.2026(ORAL)

G. Satapathy, J.

1. 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
CRLA No.37 of 2026 Page 1 of 4

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.
2. 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.
3. 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
CRLA No.37 of 2026 Page 2 of 4

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.
4. Hence, the CRLA stands allowed and the
impugned order is, hereby, set aside. Consequently,
CRLA No.37 of 2026 Page 3 of 4

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.
5. 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.


(G. Satapathy)
Judge




















Orissa High Court, Cuttack,
th
Dated the 9 day of September, 2026/Kishore

Signature Not Verified
Digitally Signed
Signed by: KISHORE KUMAR SAHOO
Reason: Authentication
Location: High Court of Orissa
Date: 09-Sep-2026 19:11:56
CRLA No.37 of 2026 Page 4 of 4