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2025 DAILYLAW 3546 (ORI)

PRADIPTA KUMAR DAS v. STATE OF ODISHA

BLAPL/13736/2025 · 2026-02-03

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.13736 of 2025 Pradipta Kumar Das … Petitioner Mr. M.K. Chand, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Bolagarh PS Case No.310 of 2025 arising out of GR Case No.1050 of 2025 pending in the Court of learned JMFC(CT), Khurda for commission of offence punishable U/S. 75 of BNS, on the main allegation of sexually harassing and stalking the victim as well as threatening her. 2. Heard, Mr. Manas Kumar Chand, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record. 3. Admittedly, the Petitioner is in custody since 10.12.2025, but in the meantime, there is substantial progress in investigation, however, none of the offences alleged against the Petitioner prescribes punishment beyond 7 years and some of the offences alleged against the Petitioner are bailable in nature and the only offence that is non-bailable in nature is the offence U/S. 75 of BNS which is punishable up to imprisonment p. 2 for 3 years. In view of the aforesaid facts and circumstances and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre- trial detention of the petitioner in custody and keeping in view the other circumstances on record in entirety including 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, but subject to certain conditions. 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.50,000/- (Rupees Fifty Thousand) only with two solvent sureties 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 in any way or in any manner, (ii) the petitioner shall not visit to the house or village of the victim, (iii) the petitioner shall not loiter in and around the victim or follow her and (iv) the petitioner shall appear before the IO as and when required for the purpose of the investigation. p. 3 This Court, however, reserves the liberty to the victim and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit