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2025 DAILYLAW 5256 (ORI)

BIKASH PATRA v. STATE OF ODISHA

CRLA/1393/2025 · 2026-02-18

Gourishankar Satapathy

Criminal Appealbody2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK CRLA No.1393 of 2025 Bikash Patra … Appellant Mr. S. Dwibedi, Advocate -versus- State of Orissa and another … Respondents Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 18.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This criminal appeal in the nature of bail U/S.14- A of the Scheduled Caste & Scheduled Tribe (Prevention of Atrocities) Act, 1989 together with amendment Act, 2016 (in short, “the Act”) is directed against the impugned order dated 17.11.2025 passed in Special Case No.105 of 2025 by which the learned Presiding Officer, Special Court (SC & ST), Balasore, has refused to grant bail to the appellant in connection with Balasore Town PS Case No.339 of 2025, for commission of offence punishable U/Ss.64(2)(m)/69/318(2)/351(2) of BNS r/w Section 3(1)(r)/3(1)(s) of the Act, on the main allegation of committing rape upon the victim by cohabiting with her on the false assurance of marriage. 3. Heard, Mr. Suryakanta Dwibedi, learned counsel for the appellant and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record. None appears for the informant/victim despite being duly intimated as apprised by learned Addl. PP. p. 2 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence alleged against the appellant vis-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the appellant in custody since 06.11.2025 with submission of charge-sheet in the meantime and taking into account the other materials placed 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 the merits, considers it proper to admit the appellant to bail. 5. Hence, the CRLA stands allowed and the impugned order is, hereby, quashed/set aside. Consequently, the appellant is directed to be released on bail on such terms and conditions as deem fit and proper by the learned Court in seisin over the matter. 6. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer