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2025 DAILYLAW 70643 (ORI)

SUDHIR NAYAK v. STATE OF ODISHA

BLAPL/1618/2025 · 2025-10-13

Gourishankar Satapathy

body2025

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1618 of 2025 Sudhir Nayak … Petitioner Mr. R. Dasmohapatra, Advocate -versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 13.10.2025 04. 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 Baghamari P.S. Case No.144 of 2024 corresponding to T.R. Case No.495 of 2024 pending in the file of learned Addl. Sessions Judge (POCSO), Bhubaneswar (Circuit Court at Khurda), for commission of offences punishable U/Ss. 137(2)/ 64(2(m)/ 65(1) of BNS r/w Sec-6 of POCSO Act, on the main allegation of kidnapping the victim and committing aggravated penetrative sexual assault upon her. 3. Heard, Mr. Raghunath Dasmohapatra, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Addl. PP in the matter and perused the record. None appears for the victim despite duly informed as apprised by the learned State counsel. p. 2 4. After having considered the rival submission and taking into consideration the nature and gravity of the offences 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 16.09.2024 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, 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.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 with following conditions:- (i) the petitioner shall not contact the victim or visit her house and (ii) the petitioner shall not threaten, coerce, induce or influence any of the witnesses acquainted with the facts of the case so as to dissuade them from disclosing such facts before the learned trial Court. p. 3 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