Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.1479 of 2026
Dibyaranjan Swain @ Happy … Petitioner Mr. A.K. Sarangi, Advocate
-versus- State of Odisha & Another … Opposite Parties Mr. S.C.Pradhan, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) : 23.04.2026
02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Kuakhia P.S. Case No. 0019 of 2026 corresponding to CT Special (POCSO) Case No.08 of 2026 pending in the file of learned Addl. District & Sessions Judge-cum-Spl. Court under POCSO Act, Jajpur for commission of offences punishable U/Ss. 296/75/78/79/126(2)/ 351(2) of the BNS r/w Sec. 12 of the POCSO Act and Sec. 66€/67/67(A) of IT Act, on the main allegation of sexually harassing the victim by way of stalking as well as getting her edited nude photographs viral on social media with a fake ID. 2. Heard, Mr. Ashok Kumar Sarangi, learned counsel for the petitioner and Mr. S.C.Pradhan, learned Addl. PP in the matter and perused the record. None appears for the victim despite being duly informed as apprised by the learned State Counsel. 3. 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 accusations sought to be brought against him
and regard being had to the pre-trial detention of the petitioner in custody since 15.01.2026, but the offences alleged against the petitioner being not punishable beyond seven years and taking into account the other circumstances on record in entirety including the statement of the victim and 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 with certain conditions. 4.
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) 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 in any way or in any manner and he shall not visit to the house or village of the victim or place of residence till disposal of the case, (ii) the petitioner shall not follow the victim or loiter in an around the victim at any place, (iii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a second Sunday in each month in between 10 A.M. to 12 Noon
for three(03) months from the actual date of release from the custody. 5. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty to the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 6. 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
kishore