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2025 DAILYLAW 54259 (ORI)

SNEHABAN LIMMA v. STATE OF ODISHA

BLAPL/8560/2024 · 2025-04-23

Gourishankar Satapathy

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Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8560 of 2024 Snehaban Limma … Petitioner Dr. S. Ranjit, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.04.2025 05. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Baripada Town PS Case No.55 of 2024 arising out of CT Case No.07 of 2024 pending in the Court of learned Addl. Sessions Judge-cum-Presiding Officer, Special Court under POCSO Act, Mayurbhanj for commission of offences punishable U/Ss. 376(2)/(f)/342/506 of IPC r/w Section 6 of POCSO Act and Sections 3(1)(r)(w)(i)(ii)/3(2)(v) of SC & ST Act (PoA) Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim by confining her in a room and taking advantage of her caste. 3. In the course of hearing, Dr. Simanchalla Ranjit, learned counsel for the Petitioner submits that not only there is delay in lodging of FIR, but also the medical evidence does not corroborate the allegation and the Petitioner having detained in custody for near about one year may kindly be granted bail. 3.1. On the contrary, Mr. M.K. Mohanty, learned Addl. Public Prosecutor by relying upon the statement of victim prays to reject the bail application of the Petitioner. 4. 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 specific allegation against the Petitioner for committing rape upon the girl child allegedly in a room and keeping in view the hostel in which victim was staying at the relevant time of occurrence being managed by the wife of the Petitioner as a Warden and taking into account the other circumstances on record in entirety including the statement of the victim, this Court is not inclined to grant bail to the Petitioner, especially when the victim is yet to be examined in the trial. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. 5. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit