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2026 DAILYLAW 6412 (ORI)

BHARAT BEHERA @ TIHILU v. STATE OF ODISHA

BLAPL/1088/2026 · 2026-03-17

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.1088 of 2026 Bharat Behera @ Tihilu … Petitioner Mr. A.K. Nath, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL): 17.03.2026 01. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Bagdia PS Case No.234 of 2025 corresponding to GR Case No.1314 of 2025 pending in the Court of learned JMFC, Chhendipada for commission of offences punishable U/Ss. 331(4)/ 75/ 76/ 296/ 351(3)/ 3(5) of BNS, on the main allegation of attempting to commit rape upon the victim by trespassing into her house, but when the victim informed such fact to the wife of the Petitioner, she also abused her in obscene language. 2. Heard, Mr. Amit Kumar Nath, learned counsel for the petitioner and Mr. T.K. Acharya, learned Addl. PP in the matter and perused the record. 3. A coordinate Bench of this Court by way of an order passed on 23.12.2025 has granted bail to the Petitioner in BLAPL No. 13562 of 2025, but subject to verification of his criminal antecedent and the benefit of the said order could not be extended to the Petitioner for him having two criminal antecedents, however, the Petitioner has disclosed his criminal antecedent in paragraph 4 of his bail application by inter-alia stating therein that he is involved in one case for commission of p. 2 offence U/S. 47(a) of Bihar & Orissa Excise Act and in another case for commission of offence punishable U/Ss. 341/294/324/448/506 of IPC. The Petitioner is in custody since 16.10.2025, but in the meantime, charge sheet has already been submitted. In such view of the matter and taking into consideration 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.25,000/- (Rupees Twenty Five 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 with following conditions:- (i) the petitioner shall not contact the victim or visit her house or village and (ii)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. 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