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2026 DAILYLAW 7016 (ORI)

UDAY TOPNO v. STATE OF ODISHA

BLAPL/2418/2026 · 2026-04-27

S K Panigrahi

body2026

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 2418 of 2026 Uday Topno ..…... Petitioner(s) Mr. Ashok Kumar Sarangi, Adv. -Versus- State of Odisha ………. Opposite Party(s) Mr. Raj Bhushan Das, ASC CORAM: DR. JUSTICE SANJEEB K PANIGRAHI ORDER 27.04.2026 Order No. 01. FIR No. Dated Police Station Case No. and Courts’ Name Sections 168 22.08.2025 Hatibari S.T. Case No.17 of 2026 pending in the court of learned 1st Addl. Sessions Judge, Rourkela Sections 329(3)/64(1) of BNS 1. This matter is taken up through hybrid arrangement. 2. Heard learned counsel for the parties. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified 3. The Petitioner being in custody in Hatibari P.S. Case No. 168 of 2025 corresponding to S.T. Case No.17 of 2026 pending in the court of learned 1st Addl. Sessions Judge, Rourkela, registered for the alleged commission of offences under Sections 329(3)/64(1) of BNS, has filed this petition for his release on bail. 4. The brief fact of the case is that Uday Topno and one Roshan Surin of village Bispur, P.S. Bisra, were friends of the informant's daughter. Both of them used to visit her house for the last year and had a good relationship. On 21.08.2025 at about 8 P.M, Uday Topno, the present petitioner and Roshan Surin came to the house of the informant and gave Rs. 100/- to her to bring liquor for consumption. After consuming liquor at night, the brother-in-law of the informant went to his house. Thereafter, the informant and the present Petitioner and Roshan Surin slept in her room. During the night, the present Petitioner committed forcible sexual intercourse with the informant against her will. Based on the written report of the informant, the IIC, Hatibari P.S registered P.S Case No.168 of 2025, an offence punishable under Sections 329(3)/64(l) BNS. Hence, the present case. Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified 5. Learned counsel for the Petitioner submits that the Petitioner is no way connected with the offences as alleged by the prosecution in any manner. He further contends that the sexual relationship between the Petitioner and the informant is consensual. The Petitioner has been in custody since 25.08.2025. In light of these facts, the counsel prays that the Petitioner be enlarged on bail, as continued detention is unjustified in the absence of substantial evidence. 6. Learned counsel for the State vehemently opposes the bail application, contending that the petitioner is an accused of serious and heinous offenses. 7. Without going into the merit of the case and based on the facts and circumstances of the case, it is directed that the Petitioner be released on bail in the aforesaid case with some stringent terms and conditions as deemed just and proper by the learned court in seisin over the matter with further conditions that:- i. The Petitioner shall appear before the local Police Station on every alternate Sunday between 10.00 A.M. to 12.00 P.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; Digitally Signed Signed by: LITARAM MURMU Designation: P.A. Reason: Authentication Location: OHC Date: 30-Apr-2026 12:33:00 Signature Not Verified iii. The Petitioner shall not indulge himself in any criminal offence while on bail. iv. The Petitioner shall not tamper the evidence of the prosecution evidence in any manner. 8. Violation of any of the above conditions shall entail cancellation of the bail. 9. The BLAPL is, accordingly, disposed of. ( Dr. Sanjeeb K Panigrahi) Judge Murmu Designation: P.A.