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2025 DAILYLAW 11684 (ORI)

BIKRAM SANTA v. STATE OF ODISHA

BLAPL/839/2025 · 2025-08-18

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.839 of 2025 Bikram Santa … Petitioner Mr. R.L. Pattnaik, Advocate -versus- State of Odisha & Another … Opposite Parties Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.08.2025 04. 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 Umerkote P.S. Case No.322 of 2023 corresponding to T.R. Case No.04 of 2024 pending in the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur, for commission of offences punishable U/Ss. 363/366/376(2)(n)/376(3) of the IPC 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. 3. Heard, Mr. Rajib Lochan Pattnaik, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly informed as intimated by the State. 4. After having considered the rival submission 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 27.01.2024 with examination of the victim in the trial and their being little chance of tampering of evidence of material witness like victim and keeping in view the inherent right of the accused 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 one solvent surety 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 with the following condition:- (i) the petitioner shall not contact the victim or visit her house till disposal of the case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer