Balasore Self-Immolation Case | Orissa High Court Rejects Bail Pleas Of HOD & Principal Of FM College, Grants Bail To Two Student Accused
The Orissa High Court on Wednesday (October 22) rejected the bail pleas of the Head of the Department ('HOD') of Teacher's Education and Principal of the Fakir Mohan Autonomous College, Balasore ('FMAC') for their alleged involvement in unfortunate death of an under-graduate female student, who set herself ablaze by pouring petrol on the college campus in July.
Acknowledging the gravity of the alleged crime, the Bench of Justice Aditya Kumar Mohapatra held –
“This Court further observes here that although several laws have been enacted and several steps have been taken by the judiciary as well as the administrative machineries to prevent such kind of occurrences. However, this Court painstakingly notes here that all such steps have gone in vain and that the society has collectively failed to save the life of a young girl. The inaction of the college authorities would be the sole reason for the deceased taking such an extreme step.”
Case Background
A female student of FMAC, Balasore had put herself on fire by pouring petrol on July 12, 2025 in the aftermath of alleged repeated sexual and mental harassments by the HOD. Though immediate medical attentions were given, the girl succumbed to her extensive fatal burn injuries on July 14, 2025.
The student had earlier flagged the harassment before the Principal of the College. However, her grievance was allegedly sidelined, following which a protest was made by students. Subsequently, an Internal Complaints Committee (ICC) was constituted under the Sexual Harassment of Women at Workplaces (Prevention, Prohibition and Redressal) Act, 2013, which did not find any merit in the student's complaint. Being dissatisfied by the findings of the Committee, she took the extreme step of immolating herself.
Basing upon the accusations made in the FIR, the police had arrested both the HOD and Principal immediately after the incident. Subsequently, in the first of week of August, two students were also taken into custody for their alleged role in abetting the suicide. Though all of them had applied for bail before the SDJM, Balasore, the pleas were turned down and such rejection also got affirmed by the Sessions Judge, Balasore. Being aggrieved by the curtailment of liberty, the four petitioners approached the High Court for bail.
Grounds for Bail Pleas
So far as the prime accused-HOD Samira Kumar Sahoo was concerned, it was contended that the deceased took the extreme step of suicide due to some political disputes and differences since she was connected to a student political party. It was argued that he has been falsely implicated in the case even when the investigating agency has failed to collect any incriminating materials against him.
Senior Advocate Debi Prasad Dhal, appearing for the Principal Dillip Kumar Ghose, submitted that the petitioner had constituted an ICC for inquiry into the allegations of sexual assault. The Committee had submitted its report on July 09, 2025. Upon learning about the outcome of the inquiry, the deceased took the extreme step. He further alleged that the statutory mandates under Section 47 and 48 of the BNSS as well as the constitutional mandate under Article 22(1) were bypassed in as much as the petitioner was not informed of the grounds of his arrest.
Out of two student accused, Subhra Sambit Nayak was implicated merely because he had certain telephonic conversations with the deceased immediately before the incident. It was argued that since both the petitioner and the deceased belonged to the Student Union and same student political party, they had cordial relation. Even the petitioner took part in the protest against the inaction of the Principal. Considering his young age and future prospects, his release on bail was pleaded.
The second student accused Jyotiprakash Biswal was arrested weeks after the incident on the accusation that he recorded the video of the deceased when she poured petrol and set herself on fire. It was highlighted that the FIR did not allege anything against him nor any witness implicated him (in their statements under Section 180, BNSS) for abetment/instigation. Rather, he tried to save the victim and, in the process, suffered burn injuries. Labelling police accusations as imaginary and keeping in view his career, his release was prayed for.
'Inaction of college authority sole reason'
Upon hearing the parties, Justice Mohapatra categorically observed that the inaction of college authority in taking prompt action led to the unfortunate incident which “shocked the conscience of the people of the State”. The Judge further observed –
“It is not very difficult to understand the genesis of the thought-process which led to such a drastic step being taken by a young girl student; it is out an out the hierarchy of the college administration and that inaction towards the harassment complained by the victim.”
Since the case is still under investigation of the Crime Branch and the final charge-sheet is yet to be submitted, the Court did not deem it proper to enlarge the Principal and the HOD on bail However, so far as allegations of non-compliance of Section 47 and 48 of the BNSS were concerned, the Court perused the arrest memo to gauge the veracity thereof.
“At Sl. No.10 under the heading “Reasons/ Grounds of Arrest”, it has been clearly mentioned as prima facie evidence under Sections 75(1)(ii), 78(2), 79, 351(2), 108, 3 (5) of the BNS, 2023. Moreover, several such paras in different box of para-10 also indicates the reason for detention in custody. In view of the aforesaid position, this Court is of the view that the accused at the time of arrest has been informed of his grounds of arrest which is in compliance of the provisions contained in Section 47 and 48 of the BNSS, 2023,” it held.
Therefore, the above allegation of statutory non-compliance was nipped in the bud and no merit was found in bail pleas of both the accused. Accordingly, bail was rejected to the Principal as well as the HOD.
Nevertheless, keeping in view the nature of allegations against the two student accused, coupled with absence of allegations against them in the FIR as well as witness statements, the Court allowed their bail applications, giving liberty to the prosecution to seek for cancellation of their bail if any incriminating material comes against them during investigation.
Case Title: Samira Kumar Sahoo v. State of Odisha & tagged matters
Case No: BLAPL Nos. 9219, 9241, 9242 & 9739 of 2025
Date of Order: October 22, 2025
Counsel for the Petitioners: Mr. Bijaya Kumar Behera, Advocate for Petitioner Samira Kumar Sahoo; Mr. P.K. Parhi, Advocate along with Mr. P.K. Mishra, Advocate for Petitioner Jyotiprakash Biswal; Mr. P.K. Parhi, Advocate along with Mr. B. Parhi & Mr. S. Suman, Advocates for Petitioner Subhra Sambit Nayak; Mr. Debi Prasad Dhal, Senior Advocate along with Mr. A. Ray, Advocate for Petitioner Dillip Kumar Ghose
Counsel for the State: Mr. Partha Sarathi Nayak, Additional Government Advocate
Citation: 2025 LiveLaw (Ori) 138