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2025 DAILYLAW 4955 (ORI)

PREM BIBHAR v. STATE OF ODISHA

BLAPL/9520/2025 · 2026-02-09

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.9520 of 2025 Prem Bibhar … Petitioner Mr. G. Sahoo, Advocate -versus- State of Orissa & Another … Opposite Parties Mr. P. Satpathy, Addl. PP Mr. D.P. Jena, Advocate (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.02.2026 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 Muniguda PS Case No.0169 of 2025 corresponding to TR Case No.40 of 2025 pending in the file of learned Addl. District & Sessions Judge-cum-PO, Special Court under POCSO Act, Rayagada for commission of offences punishable U/Ss.64(2)(m) of BNS r/w Sec.6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 3. Heard, Mr. Gokulananda Sahu, learned counsel for the petitioner; Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record and Mr. Durga Prasad Jena, learned counsel for the informant, who submits that the victim wants to marry the petitioner. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the p. 2 accusation sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 19.08.2025 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 and the age of the petitioner to be 25years, this Court without expressing any view on merit 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.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. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna