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2025 DAILYLAW 4749 (ORI)

SANATAN NAIK v. STATE OF ODISHA

BLAPL/9647/2025 · 2026-01-28

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 9647 of 2025 Sanatan Naik … Petitioner Mr. A. Das, Advocate -versus- State of Odisha and another … Opposite Parties Mr. S.C. Pradhan, Addl. PP Mr.B. Mohapatra, Advocate(Informant) JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 28.01.2026 03. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with GR Case No. 155 of 2023 arising out of Gangapur PS Case No. 637 of 2023 pending in the file of learned Adhoc Addl. District & Sessions Judge (FTSC) under POCSO Act, Berhampur, Ganjam for commission of offences punishable U/Ss.376(2)(n)(f)/376(3) of IPC and Sec. 6 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 2. Heard, Mr. Ashok Das, learned counsel for the Petitioner; Mr. Bibekananda Mohapatra, learned counsel for the informant appearing virtually and Mr. S.C. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. At the outset, Mr. Mohapatra, learned counsel for the informant does not raise any objection to the bail application of the Petitioner by contending inter-alia that the matter has p. 2 already been settled and he concedes for release of the Petitioner on bail. 3. After having considered the rival submissions upon perusal of record, there appears allegation against the Petitioner for committing rape and aggravated penetrative sexual assault upon the victim, but in the meantime, victim has already been examined and, therefore, there is hardly any chance of tampering of evidence of material witness like the victim. Further, the Petitioner is in custody since 30.08.2023, but the trial is yet to be concluded. In the aforesaid facts and circumstance and taking into account the long custody of the Petitioner without trial being concluded 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. 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.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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit