Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 446 (ORI)

PARSURAM MALLIK v. STATE OF ODISHA

BLAPL/314/2026 · 2026-02-25

Gourishankar Satapathy

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.314 of 2026 Parsuram Mallik … Petitioner Mr. R. Tripathy, proxy counsel On behalf of Mr. D. Biswal, Advocate -versus- State of Odisha … Opposite Party Mr. T.K. Acharya, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 25.02.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Nischintakoili PS Case No.177 of 2025 corresponding to ST Case No.69 of 2026 pending in the Court of learned Addl. Sessions Judge, Salepur for commission of offences punishable U/Ss. 64(1)/351(2) of BNS r/w Sections 66(C)/66(E)/67 of the IT Act, on the main allegation of committing rape upon the victim and getting her obscene photographs viral in social media. 2. Heard, Mr. Rajesh Tripathy, learned proxy counsel appearing on behalf of Mr. Debasis Biswal, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record including the copy of deposition of the victim. 3. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 06.09.2025 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 to be presumed innocent until proven guilty at the trial, this Court without expressing any view on merits admits the Petitioner to bail, but subject to certain conditions. 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 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 with following conditions:- (i) the petitioner shall not contact the victim or visit her house or village, (ii) the petitioner shall not loiter in and around the victim or follow her, (iii) the petitioner shall not threaten/ induce/influence/coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iv) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and shall cooperate with the trial. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNSS in accordance with law and (v) the petitioner shall report attendance before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of his release from the custody. The IIC of Jurisdictional Police Station shall not detain the petitioners unnecessarily after recording their attendance beyond the time as stipulated. This Court, however, reserves the liberty to the victim and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 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