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2026 DAILYLAW 15079 (ORI)

KANHA SWAIN v. STATE OF ODISHA

BLAPL/329/2026 · 2026-05-04

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.329 of 2026 Kanha Swain … Petitioner Mr. S.R. Rout, Advocate -versus- State of Orissa and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 04.05.2026 04. 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 Cuttack Sadar PS Case No.304 of 2024 corresponding to GR Case No.107 of 2024 pending in the file of learned Addl. District Judge-cum-Special Court (POCSO), Cuttack for commission of offences punishable U/Ss. 363/366/376(2)(n)/376(3) of IPC 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. Smruti Ranjan Rout, learned counsel for the Petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record including the certified copy of deposition of PW1 to PW12, but none appears for the victim despite being duly informed as apprised by learned Addl. PP. p. 2 4. After having considered the rival submission and on going through the materials placed on record keeping in view the evidence of the victim, this Court is not inclined to grant bail to the Petitioner. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court. (G. Satapathy) Judge Priyajit