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2025 DAILYLAW 4341 (ORI)

J.P. @ JAGANNATH ROUT v. STATE OF ODISHA

BLAPL/10438/2025 · 2026-01-06

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10438 of 2025 J.P.@ Jagannath Rout … Petitioner Mr. P.K.Satapathy, Advocate -versus- State of Odisha & another … Opposite Parties 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 a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Madhupatna PS Case No.236 of 2025 corresponding to Special GR Case No.139 of 2025 pending in the file of learned Additional District Judge-cum-Special Court under POCSO Act, Cuttack, being charge sheeted for commission of offences punishable U/Ss.64(2)(m)/ 3(2)(v)/65(1) of BNS & Sec. 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim belonging to Scheduled Tribe by taking advantage of her caste. 3. Heard, Mr. Prasanta Kumar Satapathy, learned counsel for the petitioner and Mr. T.K.Acharya, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated 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 since 23.08.2024 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. 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 with following conditions:- (i) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his/her attendance is dispensed with. In case the Petitioner fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law, (ii) 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 family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. This Court, however, reserves 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. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge kishore