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2026 DAILYLAW 3082 (ORI)

DANDADHAR BEHERA v. STATE OF ODISHA

BLAPL/145/2026 · 2026-03-23

Gourishankar Satapathy

body2026

Judgment text

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p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.145 of 2026 Dandadhar Behera … Petitioner Mr. R.K. Mahapatra, Advocate -versus- State of Odisha & Another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 23.03.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Thakurgarh P.S. Case No.306 of 2025 corresponding to G.R. Case No.1423 of 2025/Special (POCSO) Case No.89 of 2025 pending in the file of SDJM, Athamallik, Angul/ Addl. District & Sessions Judge-cum-Special Court under POCSO Act, Angul, for commission of offences punishable U/Ss. 137(2)/64(2)(m)/65(1)/87 of B.N.S. r/w Sec. 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. Rajesh Kumar Mahapatra, learned counsel for the petitioner and Mr. M.R. Patra, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly informed as apprised by the learned State Counsel. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-à-vis the p. 2 accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 25.11.2025 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 merit, admits the petitioner to bail. 5. 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 two solvent sureties each 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 in any way or in any manner and he shall not visit to the house or village of the victim till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court. 6. Accordingly, the BLAPL stands disposed of. 6. 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 S.Sasmal Designation: Jr. Stenographer