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2025 DAILYLAW 2188 (ORI)

KARTIKA DHOBA @ SHANKAR NAYAK v. STATE OF ODISHA

BLAPL/12929/2025 · 2026-04-24

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12929 of 2025 Kartika Dhoba @ Shankar Nayak … Petitioner Mr. S.K. Tripathy, Advocate -versus- State of Odisha and another … Opposite Parties Mr. C. Mahanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 24.04.2026 02. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Mathili PS Case No.112 of 2020 corresponding to TR Case No.01 of 2021 pending in the Court of learned Addl. Sessions Judge- cum-Special Judge, Malkangiri for commission of offences punishable U/Ss. 363/366/376(2)(n)/376(3)/294/506 of 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. 2. Heard, Mr. Soumya Kanta Tripathy, learned counsel for the petitioner and Mr. C. Mahanty, learned Addl. PP in the matter and perused the record together with the copy of deposition of PW1 to PW16, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offence 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 13.01.2021 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of prosecution evidence of material witness like the victim and keeping in view 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 last but not the least, taking into account the mandate of Sec. 35(2) of the POCSO Act, 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.25,000/- (Rupees Twenty Five 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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. 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 Priyajit