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2025 DAILYLAW 33975 (ORI)

KULU @ DHARMENDRA MALLIK v. STATE OF ODISHA

BLAPL/4978/2025 · 2025-10-22

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.4978 of 2025 Kulu @ Dharmendra Mallik … Petitioner Mr. B. Tripathy, Advocate -versus- State of Odisha and another … Opposite Parties Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 22.10.2025 03. 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 Jakhapura PS Case No.52 of 2025 corresponding to CT Spl. (POCSO) Case No.39 of 2025 pending in the file of learned Additional District & Sessions Judge-Cum- Special Court under POCSO Act, Jajpur, for commission of offences punishable U/Ss.137(2)/ 351(2)/ 87/ 65(1)/ 71/ 3(5) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Byomakesh Tripathy, learned counsel for the petitioner and Mr. C. Mohanty, learned Additional Public Prosecutor in the present matter and perused the record. None appears for the informant/victim despite being represented by a counsel. 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 25.03.2025 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 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.50,000/- (Rupees Fifty 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 contact the victim or her family members. The petitioner shall not visit the house or village of the victim or nearby area of her house till disposal of the case, (ii) the petitioner shall not threaten the victim or her family members or influence/coerce any of the witnesses acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer