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2025 DAILYLAW 4152 (ORI)

TUNA SETHI @ LANDI v. STATE OF ODISHA

BLAPL/11404/2025 · 2026-02-17

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11404 of 2025 Tuna Sethi @ Landi … Petitioner Mr. R. DasNayak, Advocate -versus- State of Orissa and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 17.02.2026 04. 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 Chamakhandi PS Case No.372 of 2025 corresponding to GR Case No.124 of 2025 pending in the file of learned Additional District Judge-Cum-Special Judge under POCSO Act, Berhampur, for commission of offences punishable U/Ss.78(1)(i)/75(1)(ii)(iv)/74 of BNS r/w Sections 8/12 of POCSO Act, on the main allegation of sexually assaulting and harassing the victim girl. 3. Heard, Mr. Radharaman Das Nayak, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly informed as apprised by learned Addl. PP. Page 2 of 3 4. 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 with submission of charge-sheet in the meantime and the offences being not punishable beyond seven years 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, but subject to certain conditions. 5. 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 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 street of the victim till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the 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 near the house of the victim or shall not follow her in any place. 6. This Court, however, reserves the liberty to the informant/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. 7. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e- mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer