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2025 DAILYLAW 3348 (ORI)

BISWAJIT PAHAN v. STATE OF ODISHA

BLAPL/12850/2025 · 2026-04-23

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12850 of 2025 Biswajit Pahan … Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 23.04.2026 02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Rambha P.S. Case No. 319 of 2025 corresponding to G.R. Case No.150 of 2025 pending in the file of learned Addl. Dist. Judge- cum-Special Court under POCSO Act, Berhampur, being charge sheeted for commission of offences punishable U/Ss. 137(2)/64(2)(m)/87/3(5)/64(2)(f) of BNS r/w. Sec. 6/17 of POCSO Act & Sec. 9/10 of Prohibition of Child Marriage Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her by marrying her in violation to the provision of the Prohibition of Child Marriage Act, 2006. 2. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record. 3. 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 p. 2 custody since 03.09.2025 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit, 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 two solvent sureties each 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 S.Sasmal Designation: Jr. Stenographer