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2026 DAILYLAW 2143 (ORI)

JAYANTA KUMAR MOHANTY v. STATE OF ODISHA

BLAPL/568/2026 · 2026-04-06

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK Jayanta Kumar Mohanty (In BLAPL No. 568 of 2026) Somanath Pal (In BLAPL No. 806 of 2026) … Petitioners Mr. D.P. Dhal, Sr. Advocate along with Mr. K. Mohanty, Advocate (in BLAPL No.568 of 2026) Ms. K. Panigrahi, Advocate (in BLAPL No.806 of 2026) -versus- State of Odisha & Another … Opposite Parties Mr. C. Mohanty, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 06.04.2026 02. 1. 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. 2. These are bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Khantapada P.S. Case No.406 of 2025 corresponding to Special Case No. 408 of 2025 pending in the file of learned ADJ-cum-Spl. Judge POCSO, Balasore, for commission of offences punishable U/Ss. 64/143/144/ 3(5) of BNS read with Section 6/17 of the POCSO Act and Sec.3/4/5/6 of Immoral Traffic (Prevention) Act, on the main allegation of keeping the victim in the hotel for the purpose of running illicit sex trade and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Debi Prasad Dhal, learned Senior Counsel, who is being assisted by Mr. Kaustuva Mohanty, learned counsel for the petitioner in BLAPL No. 568 of 2026, Ms. Khusbu Panigrahi, learned counsel for the petitioner appearing virtually in BLAPL No. 806 of 2026 and Mr. C. Mohanty, learned Addl. PP in these matters and perused the record. None appears for the victim despite being duly informed as apprised by the learned State Counsel. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner-Jayanta Kumar Mohanty for running a hotel and facilitating illicit sex trade, and against the petitioner Somanath Pal for committing rape and aggravated penetrative sexual assault upon the victim housed in the hotel, but in the meantime, charge sheet has already been submitted, however, the statement of the victim does not reveal any prima facie case against the petitioner-Somanath Pal as well as petitioner Jayanta Kumar Mohanty. 5. In view of the aforesaid facts and circumstance 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 with submission of charge sheet in the meantime and taking into account the statement of the victim and keeping in view the other circumstances on record in entirety including 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 each of the petitioners to bail. 6. Hence, these two bail applications of the petitioners namely Jayanta Kumar Mohanty (BLAPL No. 568 of 2026) and Somanath Pal (BLAPL No. 806 of 2026) stand allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) each 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. 7. Accordingly, these BLAPLs stand 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 S.Sasmal Designation: Jr. Stenographer