Research › Search › Judgment

High Court of Orissa · body

2026 DAILYLAW 6096 (ORI)

MUKESH BARIK v. STATE OF ODISHA

BLAPL/1321/2026 · 2026-03-19

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.1321 of 2026 Mukesh Barik … Petitioner Mr. S.K. Nayak, Advocate -versus- State of Orissa … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 19.03.2026 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 Cyber-crime and EO PS Case No.01 of 2026 corresponding to GR Case No.15 of 2026 pending in the file of learned JMFC- I(Cog.Taking) Cuttack for commission of offences punishable U/Ss.294(2)(a)/294(2)(b)/77 of BNS r/w Sec.67(B) of IT Act, on the main allegation of circulating sexually explicit and derogatory digital content involving minor girl by possessing the same in his mobile phone and thereby, facilitating sexual exploitation. 3. Heard Mr. Sukanta Kumar Nayak, learned counsel for the petitioner and Mr. S.C. Pradhan, learned Addl. PP in the matter and perused the record. 4. 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 05.01.2026 with substantial progress in p. 2 investigation and all the offence being triable by magistrate and not prescribing punishment beyond seven years and taking into account the law laid down by Apex Court in Satender Kumar Antil Vrs. Central Bureau of Investigation; (2022) 10 SCC 51 and keeping in view 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 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 one solvent surety 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 condition:- (i) the petitioner shall not indulge in any criminal activity while on bail. 6. Accordingly, the BLAPL stands disposed of. 7. 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 Jayakrushna