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2026 DAILYLAW 25791 (ORI)

BIBHU HARIJAN v. STATE OF ODISHA

BLAPL/2579/2026 · 2026-07-14

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2579 of 2026 Bibhu Harijan … Petitioner Mr. A.K. Sahu, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP Mr. R.K. Das, Advocate(Informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 14.07.2026 03. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Nabarangpur PS Case No.330 of 2025 corresponding to TR Case No.55 of 2025 pending in the file of learned Addl. Sessions Judge-cum- Special Court under POCSO Act, Nabarangpur for commission of offences punishable U/Ss. 126(2)/ 351(3)/ 75(2)/ 65(1)/ 78/ 64(2)(m)/3(5) of the B.N.S and Sections 4(2)/6/12 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 2. Heard, Mr. Biraja Prasad Nanda, learned counsel for the petitioner; Mr. S.C. Pradhan, learned Additional Public Prosecutor and Mr. Rakesh Kumar Das, learned counsel for the informant in the matter and perused the record. At the outset, Mr. Rakesh Kumar Das, learned counsel for the informant does not raise any objection to the prayer of the Petitioner. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since p. 2 22.08.2025 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of prosecution evidence of material witnesses like the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merit admits the petitioner to bail. 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 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. 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