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2025 DAILYLAW 103 (ORI)

BENUDHAR KUMBHAR @ BUCHU KUMBHAR v. STATE OF ODISHA

BLAPL/8944/2025 · 2026-01-12

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 8944 of 2025 Benudhar Kumbhar @ Buchu Kumbhar … Petitioner Mr. S. Dwibedi, Advocate -versus- State of Odisha and another … Opposite Parties Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.01.2026 04. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Special GR Case No. 19 of 2025 arising out of Khaprakhol PS Case No. 99 of 2025 pending in the file of learned ADJ-cum-Special Judge under POCSO Act, Balangir being charge sheeted for commission of offences punishable U/Ss.137(2)/87/64/108/296 of the BNS r/w Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her as well as abetting commission of her suicide. 2. Heard, Mr. Suryakanta Dwibedi, learned counsel for the Petitioner and Mr. S.C. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the informant despite being duly intimated as apprised by learned Addl. PP. Page 2 of 3 3. Admittedly, the Petitioner has been charge sheeted for offence U/Ss. 64 of the BNS and Sec. 6 of POCSO Act along with other offences, but the victim is found to be dead before recording her statement either U/S. 180 or 183 of BNS as confirmed by the learned State Counsel. On the other hand, the opinion of the Doctor as to cause of death of the deceased in the PM report is ante mortem hanging as submitted by the learned State counsel. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre- trial detention of the petitioner in custody since 16.05.2025 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial and the trial being not likely to commence in near future, this Court without expressing any view on merits admits the Petitioner to bail. 4. 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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit