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2025 DAILYLAW 964 (ORI)

CHAITAN @ CHAITANYA BANUA v. STATE OF ODISHA

BLAPL/10093/2025 · 2026-02-03

Gourishankar Satapathy

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10093 of 2025 Chaitan @ Chaitanya Banua … Petitioner Mr. D. Mund, Advocate -versus- State of Odisha and another …Opposite Parties Mr. M.R. Patra, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 03.02.2026 02. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Jaipatna PS Case No.174 of 2025 arising out of CT Case No.66 of 2025 pending in the Court of learned Addl. District Judge-cum-Spl. Court under(POCSO) Act, Bhawanipatna for commission of offences punishable U/Ss. 126(2)/75/78/79/351(2) of BNS r/w Section 12 of the POCSO Act, on the main allegation of attempting to molest the victim and sexually harassing her. 2. Heard, Mr. Dhananjay Mund, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record. 3. 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 15.08.2025 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 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, but subject to certain conditions. 4. 4. 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 two solvent sureties 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 in any way or in any manner, (ii) the petitioner shall not threaten/ induce/influence/coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (ii) the petitioner shall not go to the house of the victim at any circumstance and he shall remain away from the house of the victim; (iii) the petitioner shall not loiter in and around the victim or follow her and (iv) 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 his release from the custody. The IIC of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. This Court, however, reserves the liberty to the victim and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 5. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Priyajit