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2025 DAILYLAW 9471 (ORI)

MIR TAHIP @ MIR TUSIF @ MIR TASIF ALI v. STATE OF ODISHA

BLAPL/877/2025 · 2025-08-11

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK Mir Tahip @ Mir Tusif @ Mir Tasif Ali (In BLAPL No.877 of 2025) Mir Zahur @ Md. Rafi Ahmed (In BLAPL No.2380 of 2025) … Petitioners Mr. S.S. Pradhan, Advocate (in BLAPL No.877 of 2025) Mr. P.K. Nayak, Advocate (in BLAPL No.2380 of 2025) -versus- State of Orissa … Opposite Party Mr. R.B. Mishra, Addl. PP Mr. S.R. Rout, Advocate (Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 11.08.2025 03. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are heard together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Nemalo PS Case No.200 of 2023 corresponding to Spl. GR Case No.196 of 2023 pending in the file of learned ADJ-Cum-Special Court under POCSO Act, Cuttack, for commission of offences punishable U/Ss.354-A/ 354-B/ 354-D/ 302/ 307/ 326/ 506/ 34 of IPC r/w Section 12 of POCSO Act and Sections 181/196 of MV Act, on the p. 2 allegation of molesting and outraging the modesty as well as sexually assaulting the victims and committing murder of one of such victim by dashing his bike against her scooty. 4. Heard, Mr. Shibani Shankar Pradhan, learned counsel for the petitioner in BLAPL No.877 of 2025; Mr. Pratap Kumar Nayak, learned counsel for the petitioner in BLAPL No.2380 of 2025; Mr. Smruti Ranjan Rout, learned counsel for the informant and Mr. R.B. Mishra, learned Additional Public Prosecutor in the matter and perused the record including the evidence of PWs.1 and 2 as produced. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 11.12.2023 with examination of material witnesses like PW2 and taking into account the materials placed on record together with the evidence of PW2, more particularly her cross examination, this Court without expressing any view on merits admits each of the petitioners to bail. 6. Hence, these two bail applications of the petitioners namely Mir Tahip @ Mir Tusif @ Mir Tasif Ali in BLAPL No.877 of 2025 and Mir Zahur @ Md. Rafi Ahmed in BLAPL No.2380 of 2025 are allowed and each of the petitioners is allowed to go on bail on furnishing p. 3 bail bonds of Rs.50,000/- (Rupees Fifty Thousand) 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 petitioners shall not contact the victim or visit her house in any manner, (ii) the petitioners shall not threaten the victim and her family members acquainted with facts so also to dissuade them to depose in the Court. 7. Accordingly, these BLAPL Nos.877 and 2380 of 2025 stand disposed of. 8. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer