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2025 DAILYLAW 1667 (ORI)

KUMPANDER BEHERA v. STATE OF ODISHA

BLAPL/13992/2025 · 2026-02-10

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13992 of 2025 Kumpander Behera … Petitioner Mr. C. Rout, Advocate -versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 10.02.2026 01. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is the 2nd successive bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kanhia P.S. Case No. 214 of 2025 corresponding to C.T.(S) Case No. 130 of 2025 pending in the file of learned Addl. Sessions Judge, Talcher, for commission of offences punishable U/Ss.64(2)(m)/ 351(2) of BNS, on the main allegation of committing rape upon the victim by threatening her. 3. Heard, Mr. Chiranjib Rout, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including the copy of deposition of PWs. 1 to 9 which includes the evidence of the victim. 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 p. 2 regard being had to the pre-trial detention of the petitioner in custody since 26.06.2025 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of evidence of material witness like victim and taking into account the other circumstances on record in entirety including the inherent right of an 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 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. Issue urgent certified copy of the order as per Rules. \ \ (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer