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2025 DAILYLAW 79641 (ORI)

MITU SANDHA v. STATE OF ODISHA

BLAPL/11741/2025 · 2025-12-10

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11741 of 2025 Mitu Sandha … Petitioner Mr. S. Dwibedi, Advocate -versus- State of Odisha … Opposite Party Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 10.12.2025 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 Rairakhol P.S. Case No. 225 of 2025 corresponding to G.R. Case No. 563 of 2025 pending in the file of learned S.D.J.M., Rairakhol, for commission of offences punishable U/Ss. 332(b)/64(1)/62/115(2)/126(2) of BNS, on the main allegation of attempting to commit rape upon the victim. 3. Heard, Mr. Suryakanta Dwibedi, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record. 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 20.08.2025 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 inherent right of an 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 or place of residence or her village till disposal of the case, (ii) the petitioner shall not threaten the informant or shall not 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 and (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on Sunday of each month in between 10 A.M. to 12 Noon for six (06) months from the actual date of release from the custody. The IIC of jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court reserves liberty to the informant/victim and the State to file appropriate application for cancellation of bail in case of violation of any of the conditions. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge S.Sasmal