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2025 DAILYLAW 48827 (ORI)

SUSANTA KUMAR SAHU v. STATE OF ODISHA

BLAPL/7853/2025 · 2025-08-20

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.7853 of 2025 Susanta Kumar Sahu … Petitioner Mr. J. Sahoo, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP Mr. S.K. Mahanty, Advocate (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 20.08.2025 01. 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 Polasara P.S. Case No.422 of 2025 corresponding to G.R. Case No.417 of 2025 pending in the file of learned J.M.F.C., Polasara, for commission of offences punishable U/Ss. 69/318(4)/351(2) of BNS, on the allegation of cohabiting with the victim by giving false assurance of marriage. 3. Heard, Mr. Jyotirmaya Sahoo, learned counsel for the petitioner, Mr. Santosh Kumar Mahanty, learned counsel, who enters appearance for the informant in the Court today by filing Vakalatnama which is taken on record and Mr. M.K. Mohanty, learned Addl. PP in the matter and perused the record. 4. The only ground under which the bail is opposed to by the learned counsel for the informant that the brother and mother of the petitioner have given threatening to the victim, for which Polasara P.S. Case No. 505 of 2025 has been registered. Admittedly, the petitioner is in custody since 25.06.2025 and in the meantime charge sheet has already been submitted and therefore, the trial would take considerable time in this case. True it is that, the learned State Counsel opposes the bail application of the petitioner by relying upon the statement of the victim, but in such statement, it is never alleged against the petitioner for forcibly committing rape upon the victim. In such view of the matter and after having considered the rival submission 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 on going through the materials placed on record, since there is no allegation against the petitioner in the other FIR concerning threatening to the victim, 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 condition:- (i) the petitioner shall not contact the victim or visit her house till disposal of the case. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer