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2025 DAILYLAW 4785 (ORI)

GUGULU @ ASHUTOSH @ ASUTOSH PATTANAIK v. STATE OF ODISHA

BLAPL/10016/2025 · 2026-01-29

Gourishankar Satapathy

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10016 of 2025 Gugulu @ Ashutosh @ Ashutosh Pattanaik … Petitioner Mr. T.K. Mohanty, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP None (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 29.01.2026 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 Dhauli PS Case No.138 of 2025 corresponding to TR Case No.304 of 2025 pending in the file of learned Special Judge, POCSO-cum-Addl. Sessions Judge, Bhuabaneswar for commission of offences punishable U/Ss.64(1)/64(2)(n)/296(a)/318(2)/308(2)/351(3) of BNS r/w Sec.6 of POCSO Act and Sec.67/67-A of IT Act, on the main allegation committing rape and aggravated penetrative sexual assault upon the victim and getting her obscene photo and video viral. 3. Heard, Mr. Tanmay Kumar Mohanty, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record. None appears for the victim despite having entered appearance through a counsel. 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 11.06.2025 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 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.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 visit her house or village till disposal of the case; (ii) the petitioner shall not follow or loiter in and around the victim; (iii) the petitioner shall not threaten/ influence/induce/ coerce any of the witnesses including the informant and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court. p. 3 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