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2025 DAILYLAW 4358 (ORI)

RAJU LOHAR v. STATE OF ODISHA

BLAPL/10800/2025 · 2026-01-06

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 10800 of 2025 Raju Lohar … Petitioner Ms. R.R. Pradhan, Advocate -versus- State of Odisha and another … Opposite Parties Mr. T.K. Acharya, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 04. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with CT Case No. 100 of 2025 arising out of Rairangpur Town PS Case No. 220 of 2025 pending in the file of learned Presiding Officer Special Court under POCSO Act, Mayurbhanj, Baripada for commission of offences punishable U/Ss.126(2)/74/75(2)/78(2)/79 of BNS r/w Section 12 of the POCSO Act, on the main allegation of sexually harassing the victim by catching hold of her from behind and putting vermilion on her head. 2. Heard, Ms. Rashmi Rekha Pradhan, 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. Page 2 of 3 3. 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 19.09.2025 with submission of charge sheet in the meantime and the offences being not punishable beyond five years 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. 4. 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 including the following conditions:- (i) the petitioner shall not contact the victim or visit her house or village, (ii) the petitioner shall not threaten/ induce/influence/coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, p. 3 (iii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioner fails 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 and (iv) the petitioner shall appear before the IIC of the concerned local Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three (03) months from the actual date of release from the custody. The IIC of the Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves liberty to the Informant and the State to file appropriate application for cancellation of bail of the Petitioner in case of violation of any of the conditions or a case for cancellation of bail is otherwise made out. In such event of application for cancellation of bail, the learned Court in seisin over the matter is at liberty to pass appropriate order in accordance with law without further reference to this Court. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit