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2025 DAILYLAW 280 (ORI)

BAIDYANATH DASH v. STATE OF ODISHA

ABLAPL/13232/2025 · 2026-01-12

R K Pattanaik

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13232 of 2025 Baidyanath Dash …. Petitioner Mr. D. Nayak, Sr. Advocate -Versus- State of Odisha & another …. Opposite Parties Mr. S. N. Das, ASC CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 12.01.2026 03. 1. Heard learned counsel for the petitioner and State. 2. Instant petition has been filed under Section 482 BNSS by the petitioner seeking pre-arrest bail in connection with Bhubaneswar Mahila P.S. Case No.271 of 2025 corresponding to T.R. Case No.572 of 2025 pending in the court of learned Additional District & Sessions Judge-cum- Special Judge (POCSO), Bhubaneswar on the grounds stated. 3. This Court by order dated 28th November, 2025 had directed the State to submit the case diary. The case diary has been received and produced today in Court for its perusal. Upon perusal of the case diary with the statements of witnesses recorded under Section 180 BNS and also the victim’s under Section 183 BNS, it is made to suggest that the petitioner was insisting upon the victim to maintain physical relationship with him, hence, an offence under Section 12 of the POCSO Act is alleged. The petitioner is a Music Teacher. In fact, the petitioner has lodged a counter F.I.R. According to Mr. Nayak, learned Senior Advocate for the petitioner, the FIR lodged by the petitioner is the first one and thereafter, the victim lodged the other i.e. Annexure-1. Today, Mr. Adarsh Pattnaik, learned counsel has entered appearance and files Vakalatnama, which is taken on record. It is submitted to the Court by learned counsel for the informant that there has been a settlement reached at between the parties. A copy of the settlement between both the sides is produced in Court today along with a memo filed. Considering the above facts and the counter FIR against each other and the fact that the matter has been settled amicably in the meantime, this Court is inclined to grant pre- arrest bail to the petitioner with conditions imposed. 4. Accordingly, it is ordered. 5. In the result, the ABLAPL petition stands disposed of with the direction to the petitioner shall be released on bail in the event of arrest by the Arresting Officer in connection with T.R. Case No.572 of 2025 arising out of Bhubaneswar Mahila P.S. Case No.271 of 2025 upon furnishing a bail bond of Rs.30,000/- (rupees thirty thousand) with one solvent surety for the like amount to the satisfaction of the officer concerned with an undertaking submitted that he shall not cause any harm to the informant/victim in any manner, whatsoever and stay away from her after being released. 6. Issue urgent certified copy of this order as per rules. (R.K. Pattanaik) Judge Balaram Designation: PERSONAL ASSISTANT