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2025 DAILYLAW 43 (ORI)

MOJESH SAMAD v. STATE OF ODISHA

BLAPL/12113/2025 · 2026-01-27

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12113 of 2025 Mojesh Samad … Petitioner Mr. N.C. Jena, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP Ms. A. Prusty, Asst. LADC (Informant) 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 Hatibari PS Case No.43 of 2025 corresponding to Special GR Case No.36 of 2025 pending in the file of learned Additional District and Sessions Judge (FTSC) (POCSO), Rourkela, for commission of offences punishable U/Ss.64(2)(f)/ 65(1)/351(2)/64(2)(i)/64(2)(k)/64(2)(m) of BNS r/w Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 3. Heard, Mr. Naresh Chandra Jena, learned counsel for the petitioner; Mr. S.C. Pradhan, learned Additional Public Prosecutor and Ms. Anisha Prusty, learned Assistant Legal Aid Defense Counsel in the matter and perused the record including the certified copy of DNA report as produced. p. 2 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 since 19.03.2025 and taking into account the other circumstances on record in entirety including the DNA report keeping in view the allegation on record, 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.25,000/- (Rupees Twenty- five 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 contact the victim or her family members. The petitioner 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 witnesses including the victim or her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita