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2025 DAILYLAW 2953 (ORI)

KAHARA @ BISWANATH BEHERA v. STATE OF ODISHA

BLAPL/10121/2025 · 2026-02-03

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10121 of 2025 Kahara @ Biswanath Behera … Petitioner Mr. S.R. Dash, Advocate -versus- State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP Mr. P.K. Swain, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Niali PS Case No.65 of 2024 corresponding to Spl. GR Case No.30 of 2024 pending in the file of learned Ad-hoc Additional District & Sessions Judge, FTSC-I, Cuttack, for commission of offences punishable U/S.377 of IPC r/w Section 6 of POCSO Act, on the main allegation of committing unnatural sex and aggravated penetrative sexual assault upon the victim boy. 3. Heard, Mr. Smruti Ranjan Dash, learned counsel for the petitioner; Mr. P.K. Swain, learned counsel for the informant and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of PWs.1 to 10. p. 2 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 allegation sought to be brought against him and regard being had to the materials collected in support of the allegation against the petitioner keeping in view the evidence of the witnesses so far examined, including that of the victim and on going through the other materials placed on record, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. 6. In view of the alternative oral prayer as advanced for the petitioner, trial be expedited, if there is no other legal impediment. A copy of this order be immediately transmitted to the concerned Court. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer