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2025 DAILYLAW 3841 (ORI)

SHAIK @ SK.ZAKIR v. STATE OF ODISHA

BLAPL/10043/2025 · 2026-02-02

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10043 of 2025 Shaik @ Sk. Zakir … Petitioner Mr. R.N. Rout, Advocate along with Mr. R.K. Rout, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 02.02.2026 03. I.A. No. 62 of 2026 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. In view of the submission as advanced for the petitioner, the present I.A. stands disposed of as not pressed. BLAPL No. 10043 of 2025 3. This is an application U/.S.483 of BNSS by the petitioner for grant of bail in connection with Berhampur Town P.S. Case No.307 of 2025 corresponding to G.R. Case No.1995 of 2025 pending in the file of learned SDJM, Berhampur, for commission of offences punishable U/Ss. 296/74/75/78/79/69/356(2)/ 351(3)/308(2) of BNS r/w. Sec.66(E) of the IT Act, on the main allegation of co-habiting with the victim by giving false assurance of marriage as well as harassing her. p. 2 4. Heard, Mr. Rajendra Narayan Rout, learned counsel appearing along with Mr. Ronak Kumar Rout, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 5. 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 03.08.2025 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. 6. 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 two solvent sureties each 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 any manner and he shall not visit to the house or village of the victim till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the p. 3 witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iii) the petitioner shall not loiter in and around the victim or shall not follow her in any place at anywhere & (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. 7. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty to the informant 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. 8. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer