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2025 DAILYLAW 1192 (ORI)

B. KARTIK v. STATE OF ODISHA

BLAPL/10883/2025 · 2026-01-08

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10883 of 2025 B. Kartik … Petitioner Mr. P.K. Nayak, Advocate -versus- State of Orissa and another … Opposite Parties Mr. A. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 08.01.2026 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 Cantonment PS Case No.172 of 2025 corresponding to Spl. GR Case No.110 of 2025 pending in the file of learned ADJ-cum-Special Court under POCSO Act, Cuttack, for commission of offences punishable U/Ss.331(1)/65(2)/62 of BNS r/w Sections 10/18 of POCSO Act, on the main allegation of sexually assaulting the victim and attempting to commit penetrative sexual assault upon her. 3. Heard, Mr. Pratap Kumar Nayak, learned counsel for the petitioner and Mr. A. Pradhan, 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. Page 2 of 3 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 24.07.2025 with examination of the victim in the meantime and, thereby, there being little apprehension of tampering of evidence of material witness like the victim 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 keeping in view the punishment prescribed for the offences alleged against the petitioner, this Court without expressing any view on merits admits the petitioner to bail, but subject to certain conditions. 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 with following conditions:- (i) the petitioner shall not contact the victim or her family members. The petitioner shall not visit to the house or village of the victim till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six(06) months from the actual date of release from the custody. 6. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. 7. This Court, however, reserves the liberty to the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 8. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer