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2025 DAILYLAW 66475 (ORI)

UTTAM NAIK v. STATE OF ODISHA

BLAPL/33/2025 · 2025-03-10

R K Pattanaik

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 33 of 2025 Uttam Naik & another …. Petitioners Mr. S.K. Rout, Advocate -Versus- State of Odisha …. Opposite Party Mr. U.R. Jena, AGA CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 10.03.2025 02. 1. Heard Mr. Rout, learned counsel for the petitioner and Mr. Jena, learned AGA for the State. 2. Instant petition under Section 483 BNSS is filed for release of the petitioners on bail in connection with S.T. Case No. 08 of 2025 (arising out of C.T. Case No. 509 of 2024 and Boudh P.S. Case No. 439 of 2024) pending in the file of learned Additional Sessions Judge, Boudh, on the grounds stated. 3. The case diary is produced by Mr. Jena, learned AGA for the State along with other relevant documents including the statements of the witnesses recorded under Section 180 of the BNSS. The submission is that there was an attempt to commit rape on the informant-victim. Learned counsel for the petitioners submits that the wife of petitioner No.1 arrived, as a result of which, the informant was saved and the petitioners, hence, could not commit the alleged mischief. The victim, as informed to the Court, declined p. 2 to be medically examined on police requisition. Gone through the seizure list in record and the Court finds that some coloured photographs have been seized, which, as according to Mr. Jena, learned AGA, are the nude pictures of the informant. Also gone through the statement of the victim recorded under Section 183 of the BNSS. The details of the circumstances leading to the alleged mischief have been narrated by her in the said statement. As per the victim, wife of the petitioner No.1 reached and intervened. As it appears, the petitioner managed to click some pictures of the victim during the alleged incident and threatened her to viral the same. The seizure lists reveal that some coloured photographs have been recovered and accordingly, seized. Considering the materials on record and as the investigation is over with the filing of the chargesheet in the month of January, 2025 and as it was an attempt to commit rape on the victim and at that point of time, the other mischief was committed by both the petitioners, the Court, recording the objection of Mr. Jena, learned AGA for the State, is of the view that they should be allowed to go on bail with stringent conditions. 4. Accordingly, it is ordered. 5. In the result, the petition under Section 483 BNSS stands allowed. Consequently, the petitioners are directed to go on bail in connection with S.T. Case No. 08 of 2025 arising out of C.T. Case No. 509 of 2024 and Boudh P.S. Case No. 439 of 2024 subject to them furnishing bail bonds of Rs.50,000/- (rupees fifty thousand) each with one solvent surety for the like amount each to the satisfaction of the learned Additional Sessions Judge, Boudh, who shall be at liberty to impose such other suitable conditions as p. 3 deemed just and proper in the facts and circumstances of the case besides the following, such as, they shall not harass or cause any further injury to the informant/victim after being released. 6. The BLAPL is disposed of. 7. Urgent certified copy of this order be granted as per rules. (R.K. Pattanaik) Judge GDS Designation: JOINT REGISTRAR-CUM-PRINCIPAL SECRETARY