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2025 DAILYLAW 35593 (ORI)

DEBI PRASAD DAS @ DIPU v. STATE OF ODISHA

BLAPL/5135/2025 · 2025-09-12

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5135 of 2025 Debi Prasad Das @ Dipu … Petitioner Mr. P. Panigrahi, Advocate -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.09.2025 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 Olatpur PS Case No.39 of 2025 corresponding to Special GR Case No.59 of 2025 pending in the file of learned ADJ-Cum-Special Court, under POCSO Act, Cuttack, for commission of offences punishable U/Ss.137(2)/64(2)(m)/87 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. Panchanan Panigrahi, learned counsel for the petitioner and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite having entered appearance through one counsel. p. 2 4. After having considered the rival submissions 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 since 28.04.2025 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 right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any opinion on merits of the case, 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.25,000/- (Rupees Twenty-five 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. 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