Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4910 of 2025
Dipankar Mandal … Petitioner
Mr. U.C. Dora, Advocate
-versus- State of Odisha … Opposite Party Mr. C. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 11.09.2025
02.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kalimela P.S. Case No.210 of 2023 corresponding to C.T. Case No.165 of 2023 pending in the file of learned Addl. Sessions Judge, Malkangiri, for commission of offences punishable U/Ss. 376(2)(f)(l)(n)/342/506 of IPC, on the main allegation of committing rape upon the victim.
3. Heard, Mr. Umesh Chandra Dora, learned counsel for the petitioner and Mr. C. Mohanty, learned Addl. Public Prosecutor in the matter and perused the record.
4. Mr. Umesh Chandra Dora, learned counsel for the petitioner by supplying the photocopy of the statement of the victim as recorded U/S.161 CrPC submits that since it is a case of consensual sex, the p. 2 petitioner may kindly be granted bail, but on careful perusal of such statement of the victim, it does not reveal to be a case of consent. In such view of the matter and after having considered the rival
submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and on going through the materials placed on record, this Court is not inclined to grant bail to the petitioner at this stage, especially when the victim is yet to be examined.
Hence, the prayer for bail to the petitioner stands rejected. The learned trial is, however, requested to proceed with the trial immediately and examine the victim at the earliest, but if the victim is not examined within six months hence, the petitioner may renew his prayer for bail.
5. Accordingly, the BLAPL stands disposed of.
6. Issue urgent certified copy of the order as per Rules. A copy of this order be immediately communicated to the concerned Court for compliance.
(G. Satapathy)
Judge
S.Sasmal