Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10443 of 2025
Hemanta Swain
… Petitioner
Mr. S.R. Rout, Advocate
-versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 16.10.2025
01.
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 Mahanga PS Case No.113 of 2023 corresponding to GR Case No.398 of 2023 pending in the file of learned JMFC, Mahanga, for commission of offences punishable U/Ss.363/366/493/354/379/506 of IPC, on the main allegation of kidnapping the victim and cohabiting with her by making her to believe to be his wife.
3. Heard, Mr. Smruti Ranjan Rout,
learned counsel for the petitioner; Mr. Sandeep Pattnaik,
learned counsel, who enters appearance for the informant in Court today by filing Vakalatnama, which is taken on record and Mr. P. Satpathy, learned Additional 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-a-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 26.08.2025 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 right of the accused to be presumed innocent until proven guilty at the trial, this Court notwithstanding to the serious objection as raised by the learned counsel for the informant and the State, considers it proper to admit 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 her family members. The petitioner shall not visit to the house of the victim or nearby area of her house or village till disposal of the case,
(ii) the petitioner shall not threaten the victim or her family members or influence/induce/coerce any of the witnesses acquainted with the facts of
the case so as to dissuade them from disclosing such facts before the Court,
(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 three(03) months from the actual date of release from the custody. 6. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty for the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated by the petitioner. 7. Accordingly, the BLAPL stands disposed of.
Issue urgent certified copy of the order as per Rules. (G. Satapathy)
Judge
Subhasmita Designation: Sr. Stenographer