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2026 DAILYLAW 7402 (ORI)

RAHUL PALEI v. STATE OF ODISHA

BLAPL/1860/2026 · 2026-04-27

Sibo Sankar Mishra

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1860 of 2026 Rahul Palei …. Petitioner(s) Mr. Jyotirmaya Sahoo, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Partha Sarathi Nayak, AGA CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 27.04.2026 01. 1. Heard. 2. The petitioner is an accused in connection with Balugaon P.S. Case No.445 of 2025 corresponding to G.R. Case No.895 of 2025 registered on the allegation of the commission of offences under Sections 64(2)(m)/318(4)/308(2)/296/3(5) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Chilika. 3. The petitioner had approached the learned court below praying for grant of bail. The learned Court below vide its order dated 17.01.2026 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 B.N.S.S, 2023 praying for enlargement on bail. p. 2 4. Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F.I.R. 5. On 22.12.2025 at about 10:51 p.m., the informant lodged a written report before the IIC, Balugaon P.S., alleging therein that the petitioner had borrowed money from her and, on the false promise of keeping her as his wife, sexually assaulted her. It is further alleged that when the informant went to the petitioner’s house and disclosed the matter before his parents, the petitioner’s family members, being aggrieved, abused her in filthy language in front of the house. Hence, this case. 6. Mr. Nayak, learned Additional Government Advocate for the State has brought to the notice of this Court the statement of victim recorded under Section 164 Cr.P.C. 7. On perusal of the said statement, it reveals that the victim was in relationship with the petitioner and p. 3 taking advantage of their relationship, the petitioner alleged to have committed the crime. 8. Regard being had to the nature of allegation and the period of custody from 24.12.2025, I am inclined to enlarge the petitioner on bail. Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall appear before the Court below on each date of hearing without fail; and (ii) He shall not keep in contact with the victim or her family members in any manner whatsoever. (iii) He shall not tamper with the evidence in any manner whatsoever. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, the petitioner is found wanting p. 4 for violation of any of the bail conditions imposed by this Court or the trial Court even on a single occasion, the prosecution is at liberty to move appropriate application before the Court below for cancellation of the concession of bail granted by this Court. If such application is filed, the trial Court should decide the application on its own merit. 9. The BLAPL is accordingly disposed of. (S.S. Mishra) Judge Swarna