Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12863 of 2024
Pabitra Mohapatra @ Babu … Petitioner
Mr. S.C. Mohapatra, Sr. Advocate along with Ms. K. Patra, Advocate
-versus- State of Odisha … Opposite Party Mr. A. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 17.04.2025
03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Khandagiri P.S. Case No.738 of 2024 corresponding to C.T. Case No.1974 of 2024 pending in the file of learned J.M.F.C.-V, Bhubaneswar for commission of offences punishable U/Ss.69/296/333/115(2)/ 351(2)/3(5) of the BNS, on the main allegation of cohabiting with the victim by giving false assurance of marriage. 3. Heard, Mr. Soura Chandra Mohapatra, learned Senior Counsel being assisted by Mr. S. Mohapatra, learned counsel for the petitioner and Mr. A. Pradhan, learned Addl. Public Prosecutor in the matter and perused the record. Page 2 of 3
4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à- vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 29.11.2024 with submission of charge sheet in the meanwhile and taking into account the other circumstance on record in entirety, 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 two solvent sureties each 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 commit any offence while on bail and
ii) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. 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 and p. 3 (iii) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody.
The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. It is clarified that the Court in seisin of the case will be at liberty to cancel the bail of the petitioner without further reference to this Court, if any of the above conditions are violated or a case for cancellation of bail is otherwise made out. In the wake of aforesaid, the subsequent involvement of the petitioner in future for any grave/similar offence on prima facie accusations may be treated as a ground for cancellation of bail in this 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