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2025 DAILYLAW 4690 (ORI)

NARAYAN BEHERA @ SHANKAR v. STATE OF ODISHA

BLAPL/9752/2025 · 2026-01-28

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.9752 of 2025 Narayan Behera @ Shankar … Petitioner Mr. M.M. Patnaik, Advocate -versus- State of Orissa & Another … Opposite Parties Mr. M.R. Patra, Addl. PP Mr. B. Parida, Advocate (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 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 Balipatna PS Case No.364 of 2025 corresponding to TR Case No.424 of 2025 pending in the file of learned Special Judge (POCSO)-cum-Addl. Sessions Judge, Bhubaneswar for commission of offences punishable U/Ss.126(2)/ 115(2)/ 296/109(1)/ 75(2) of BNS r/w Sec.12 of POCSO Act, on the main allegation of sexually harassing the victim girl aged about 10years. 3. Heard, Mr. Mruganka Mauli Patnaik, learned counsel for the petitioner appearing virtually; Mr. Biswajit Parida, learned counsel for the informant and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 4. After having considered the rival submissions and taking into consideration the nature and gravity of p. 2 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 05.08.2025 with submission of charge-sheet in the meantime and taking into account the statement of the victim so also injury report of the father of the victim and keeping in view the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail, but subject to certain conditions. 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 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 or visit her house or village till disposal of the case; (ii) the petitioner shall remain away from the village of the victim for three months and thereafter, the petitioner shall report attendance before the Jurisdictional 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 his release from the custody. (iii) the petitioner shall not threaten/ influence/induce/ coerce any of the witnesses including the informant and her family p. 3 members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court. The IIC of 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 State and the informant to file appropriate application for cancellation of bail of the petitioner in case of violation of the above condition 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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna