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2026 DAILYLAW 13348 (ORI)

KUNA SAHOO v. STATE OF ODISHA

BLAPL/805/2026 · 2026-04-15

Gourishankar Satapathy

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.805 of 2026 Kuna Sahoo … Petitioner Mr. A.S. Paul, Advocate -versus- State of Odisha and another … Opposite Parties Mr. S.C. Pradhan, Addl. PP Mr. R.K. Swain, Advocate(victim) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 15.04.2026 02. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Balianta PS Case No.437 of 2025 corresponding to TR Case No.529 of 2025 pending in the Court of learned Adhoc Additional Sessions Judge, Fast Track Special Court (POCSO), Bhubaneswar for commission of offences punishable U/Ss. 137(2)/ 87/ 127(2)/ 127(4)/ 115(2)/ 65(1)/64(2)(m) of BNS r/w Section 6 of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 2. Heard, Mr. Amlan Shakti Paul, learned counsel for the petitioner; Mr. Raj Kishore Swain, learned counsel for the informant and Mr. S.C. Pradhan, 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 09.09.2025 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. 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 village; (ii) the petitioner shall not follow or loiter in and around the victim at any place; (iii)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 and (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a 2nd 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. 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 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. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge Priyajit