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1949 DAILYLAW 72 (ORI)

BIBHUTI NAIK @ SUMAN @ SUMANA NAIK v. STATE OF ODISHA

BLAPL/1949/2026 · 2026-07-01

Gourishankar Satapathy

body1949

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1949 of 2026 Bibhuti Naik @ Suman @ Sumana Naik … Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL):01.07.2026 02. 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 Baghamari PS Case No.237 of 2025 corresponding to TR Case No.711 of 2025 pending in the file of learned Special Judge (POCSO)-cum-Addl. Sessions Judge, Bhubaneswar, for being charge-sheeted for commission of offences punishable U/Ss.137(2)/65(1)/351(3) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. 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. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 20.11.2025 with submission of charge-sheet in the meantime and keeping in view the other circumstances on record in entirety including the statement of the victim and taking into account the inherent right of the accused-petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the petitioner to bail. 5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with two solvent sureties each for the like amount to the satisfaction of the learned Court in seisin of the case on such terms and conditions as deem fit and proper by it. 6. Accordingly, the BLAPL stands disposed of. 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 Subhasmita Designation: Sr. Stenographer