IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13968 of 2025 Md. Sagir … Petitioner Mr. S.R. Das, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.03.2026 03. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Plant site PS Case No.194 of 2022 corresponding to ST Case No.93/66 of 2022-23 pending in the Court of learned Adhoc Addl. District & Sessions Judge(FTSC)(POCSO), Rourkela for commission of offences punishable U/Ss. 323/ 307/ 450/ 376(2)(1) of IPC, on the main allegation of committing rape upon the victim and throttling her neck by trespassing into her house. 2. Heard, Mr. Soumya Ranjan Das, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 3. Admittedly, the petitioner is in custody since 31.05.2022, but the trial is yet to be concluded and only 05 out of 38 CS witnesses have been examined and the trial Court in its report has clarified that the victim and complainant could not be examined despite issuance of summon. Right to speedy trial is in fact the fundamental right of an accused, but no one should be detained in custody merely on the expectation that one day the trial would be concluded. In the aforesaid facts and situation and taking into account the long custody of the Petitioner and trial having not yet concluded and there being unlikelihood of conclusion of trial in near future, this Court without expressing any view on merits admits the Petitioner to bail, but subject to certain condition. 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 with following condition:- (i) 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 and shall cooperate with the trial. 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. 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