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2026 DAILYLAW 6582 (ORI)

BIMALA BEHERA v. STATE OF ODISHA

BLAPL/1619/2026 · 2026-04-23

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1619 of 2026 Bimala Behera …. Petitioner(s) Mr. Chiranjib Rout, Adv. -versus- State of Odisha …. Opposite Party(s) Mr. Tej Kumar, ASC CORAM: HON’BLE DR.JUSTICE SANJEEB K PANIGRAHI Order No. 01. ORDER 23.04.2026 F.I.R. No. Dated Police Station Case No. and Courts’ Name Sections 0085 06.03.2021 Banarpal Special POCSO Case No.22 of 2021 arising out of Banarpal P.S. Case No.85/2021 pending before the Court of learned Additional District Judge-cum-Special Court under the POCSO Act, Angul Sections 376(2)(n), 376(3), 312, 313 & 506 of the IPC and Section 6(1) of the Protection of Children from Sexual Offence Act 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the Petitioner and learned counsel for the State. 3. The Petitioner being in custody in connection with Special POCSO Case No.22 of 2021 arising out of Banarpal P.S. Case No.85/2021 pending before the Court of learned Additional District Judge-cum-Special Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Apr-2026 19:03:06 Signature Not Verified Court under the POCSO Act, Angul registered for the alleged commission of offences under Sections 376(2)(n), 376(3), 312, 313 & 506 of the IPC and Section 6(1) of the Protection of Children from Sexual Offence Act, has filed this application for his release on bail. 4. The brief fact of the case is that the Petitioner used to meet the complainant in her college days. Thereafter, a love relationship was developed between them. Accordingly, the Petitioner giving her false promise of marriage had kept physical relationship with her. After keeping physical relationship with the complainant for last ten years, since the Petitioner denied to get married, the complainant on 06.03.2021 lodged an F.I.R in the local Police Station narrating all the incident. Upon lodging of the F.I.R and completion of investigation, the Petitioner was taken into custody. Accordingly, the Petitioner has been languishing in custody since 04.01.2026. 5. Learned counsel for the Petitioner contends that there was consensual relationship between the Petitioner and the complainant. He further contends that the present F.I.R has been lodged after ten years of occurrence. The allegations levelled against the Petitioner are false and fabricated. He further contends that due to some previous enmity the Petitioner has been entangled in Digitally Signed Signed by: AYASKANTA JENA Designation: Personal Assistant Reason: Authentication Location: High Court of Orissa Date: 27-Apr-2026 19:03:06 Signature Not Verified this case. He, accordingly, prays for permitting the Petitioner to be released on bail. 6. Learned counsel for the State vehemently opposes the prayer for bail of the present Petitioner. He further submits that such type of offences is not tolerable in a law abiding society. He, accordingly, prays for dismissal of this BLAPL. 7. Considering the submissions made on behalf of both the parties, this Court without going into the merits of the case, directs the court in seisin over the matter to release the present Petitioner on bail in the aforesaid case on some stringent terms and conditions with further conditions that: i. the Petitioner shall appear before the concerned local Police Station on every alternate Sunday between 10.00A.M. to 12.00P.M. till conclusion of the trial; ii. the Petitioner shall appear before the learned Court in seisin over the matter on each date of posting of the case; iii. the Petitioner shall not indulge himself in any criminal activities in future; iv. the Petitioner shall not tamper the evidence of the prosecution witnesses in any manner; v. the Petitioner shall not threaten the informant or her family members in any manner; Designation: Personal Assistant 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. This BLAPL is, accordingly, disposed of. (Dr. Sanjeeb K Panigrahi) Judge Ayaskanta Designation: Personal Assistant