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2025 DAILYLAW 23091 (ORI)

ISHAK HIAL@ ISAIE HIAL v. STATE OF ODISHA

BLAPL/3083/2025 · 2025-07-15

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.3083 of 2025 Ishak Hial @ Isaic Hial … Petitioner Mr. A. Mishra, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 15.07.2025 04. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Koraput Sadar P.S. Case No.35 of 2024 corresponding to G.R. Case No.156 of 2024 of pending in the file of learned Addl. Sessions Judge- cum-Special Judge (POCSO), Jeypore, Koraput, for commission of offences punishable U/Ss. 366/376(2)(n)/506 of IPC r/w. Sec. 6 of the POCSO Act, on the allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Arijeet Mishra, learned counsel for the petitioner and Mr. T.K. Acharya, 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 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 15.02.2025 and taking into account the other circumstance on record in entirety including the statement of the victim as well as the averments in the FIR and further taking into account the fact of submission of charge sheet, 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.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 with following conditions:- (i) the petitioner shall not commit any offence while on bail and (ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNSS in accordance with law, (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody and (iv) the petitioner shall not contact the victim or visit her house or her place of study till disposal of the case. The IIC of jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this 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