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2025 DAILYLAW 4282 (ORI)

SIBA PRASAD KHORA v. STATE OF ODISHA

BLAPL/10787/2025 · 2026-01-06

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10787 of 2025 Siba Prasad Khora … Petitioner Mr. B.P. Nanda, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with GR Case No. 71 of 2025 arising out of Laxmipur PS Case No. 120 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Court under POCSO Act at Jeypore, Dist-Koraput for commission of offences punishable U/Ss.137(2)/64/64(2)(m) 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. Biraja Prasad Nanda, learned counsel for the Petitioner and Mr. T.K. Acharya, learned Addl. Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP. 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 26.08.2025 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including statement of the victim and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, which is unlikely to commence in near future, 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 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit