Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.12130 of 2025
Kanha Samal
… Petitioner
Mr. K.C. Behera, Advocate -versus- State of Odisha and another … Opposite Parties Mr. S.C. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 27.01.2026
02. 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 Choudwar PS Case No.601 of 2025 corresponding to Special GR Case No.174 of 2025 pending in the file of learned ADJ- Cum-Special Court under POCSO Act, Cuttack, for commission of offences punishable U/Ss.137(2)/87/ 64(2)(m) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Kedar Chandra Behera, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record. The informant appearing in person opposes the bail application of the petitioner. 4. After having considered the rival submissions 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 05.10.2025 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 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.50,000/- (Rupees Fifty 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 informant or his family members. The petitioner shall not visit to the house or village of the informant till disposal of the case,
(ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the informant acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge Subhasmita