p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12062 of 2025 Primansu Sekhar Martha @ Situ Patra … Petitioner Mr. B.K. Ragada, Advocate -versus- State of Orissa … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 27.01.2026 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 Fategarh PS Case No.276 of 2024 corresponding to ST Case No.18 of 2025 pending in the file of learned Addl. Sessions Judge, Nayagarh for commission of offences punishable U/Ss.127(7)/351(2)/115(2)/309(6)/70(1)/3(5) of the BNS r/w Sec.67/67(a) of the IT Act, on the main allegation of committing Gang Rape upon the victim. 3. In the course of hearing Mr. Bijay Kumar Ragada, learned counsel for the petitioner submits that although there is allegation against the petitioner for committing Gang Rape upon the victim, but the victim herself stated nothing against the petitioner, nor his evidence reveals about any sexual assault made by the petitioner upon the victim and, therefore, the petitioner may kindly be granted bail. On the other hand, Mr. M.R. Patra, learned Addl. PP, by highlighting the evidence of the victim submits that the p. 2 petitioner might not have committed the sexual act, but he has definitely facilitated the co-accused to commit rape upon the victim which is emerging out of the evidence of the victim, who has stated that the present petitioner has caught hold of the hands of fiancee of the victim and, therefore, the petitioner being prima facie found to have committed the offence U/S.70, which is punishable for life or death, the bail application of the petitioner may kindly be rejected. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing Gang Rape upon the victim, but detail analysis of evidence and meticulous examination of documents on merit should be avoided at the stage of consideration of bail. In that view of the matter and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the allegation sought to be brought against him and regard being had to the evidence of the victim and keeping in view the materials collected in support of the allegation against the petitioner, this Court is not inclined to grant bail to the petitioner at this stage. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of the order be immediately communicated to the learned trial Court. (G. Satapathy) Judge Jayakrushna