Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.4298 of 2026
Rajesh Kumar Sahu … Petitioner
Mr. L. Pradhan, Advocate
-versus- State of Odisha … Opposite Party Mr. P. Satpathy, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 13.05.2026
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 G. Udaygiri P.S. Case No. 15 of 2026 corresponding to C.T. Case No. 51 of 2026 pending in the file of learned JMFC, G. Udayagiri, Kandhamal, for commission of offences punishable U/Ss.64(2)(f)/351(3) of BNS, on the main allegation of committing rape upon his elder mother.
3. In the course of hearing, Mr. Laxman Pradhan,
learned counsel for the petitioner submits that although there appears allegation against the petitioner for committing rape upon his elder mother, but that allegation is false allegation and the petitioner is falsely implicated in this case due to previous land dispute and the medical evidence does not support the commission of rape upon the victim. On the aforesaid submission, Mr. Pradhan prays to grant bail to the petitioner.
3.1. On the other hand, Mr. P. Satpathy, learned Addl. PP by placing the statement of the victim prays to reject the bail application of the petitioner. p. 2
4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing rape upon his own elder mother, but the medical evidence is not sine qua non to constitute the commission of rape. Besides, submission of charge sheet is not a ground to grant bail to the petitioner, more particularly in an offence like this. In the aforesaid
facts and circumstance 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 materials so collected in the course of investigation and taking into account the statement of the victim and keeping in view the other circumstances on record in entirety, this Court is not inclined to grant bail to the petitioner at this stage, more particularly when the victim is yet to be examined.
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 Court in seisin over the matter for reference.
(G. Satapathy)
Judge
S.Sasmal Designation: Jr. Stenographer