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2025 DAILYLAW 4902 (ORI)

MOMIR DHOBA v. STATE OF ODISHA

BLAPL/11818/2025 · 2026-02-09

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11818 of 2025 Momir Dhoba … Petitioner Mr. S.K. Rout, Advocate -versus- State of Odisha and another …Opposite Parties Mr. M.R. Patra, Addl. PP Mr. M.Maharana, Advocate(Informant) JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.02.2026 03. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Maidalpur PS Case No.77 of 2025 corresponding to TR Case No.54 of 2025 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Nabarangpur for commission of offences punishable U/Ss. 137(2)/64(J) of the IPC r/w Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 2. Heard, Mr. Sangram Keshari , learned counsel for the petitioner; Mr. Mrutyunjaya Maharana, learned counsel for the informant appearing virtually and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 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 22.08.2025 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 merits admits the Petitioner to bail, but subject to certain conditions. 4. 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 two solvent sureties 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 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 and (ii) The petitioner shall cooperate in the trial by attending the Court on each date of posting unless his attendance is dispensed with by the learned trial Court and 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. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit