Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6012 of 2025
Jyotiranjan Barik … Petitioner
Ms. K. Panigrahi, Advocate
-versus- State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP Mr.K. Kasyap, Advocate(Informant-victim)
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL)
16.07.2025
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode). 2. This is an application U/S. 483 of the Bharatiya Nagarika Surakshya Sanhita, 2023 (in short, “BNSS”) by the petitioner for grant of bail in connection with Soro P.S. Case No.389 of 2025 arising out of Spl. Case No.142 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Spl. Judge, POCSO, Balasore for commission of offences punishable U/S.87 of BNS and r/w Section 4 of POCSO Act and Section 9 of the Child Marriage Act, on the main allegation of committing penetrative sexual assault upon the victim by marrying her. 3. Heard, Ms. Khusbu Panigrahi, learned counsel for the petitioner, Mr. Kumar Kasyap, learned counsel for the victim appearing virtually and Mr. M.R. Patra, p. 2 learned Addl. Public Prosecutor in the matter and perused the record. 4. 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 regard being had to the pre trial detention of the Petitioner since 19.05.2025 with substantial progress in investigation and taking into account the other circumstances on record in entirety including the statement of the victim and the age of the Petitioner and keeping in view the inherent right of the accused to be presumed innocent until proven guilty, 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 in the sum 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 commit any offence while on bail,
(ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with.
In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the p. 3 bail, the learned trial Court may proceed against the Petitioner for offence U/S.229-A of IPC in accordance with law,
(iii) the petitioner shall not leave the jurisdiction of the trial Court without prior permission till disposal of the case by giving his present address of stay and
(iv) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The IIC of the Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for grave/similar Act on prima facie accusations may be treated as a ground for cancellation of bail in this case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Priyajit