Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2365 of 2026
Bachu @ Debsankar Mohanty …. Petitioner(s)
Mr. Pravash Chandra Jena, Advocate
-versus- State of Odisha …. Opposite Party(s)
Ms. Suvalaxmi Devi, ASC
CORAM: JUSTICE SIBO SANKAR MISHRA
Order No.
ORDER 05.05.2026
02.
1. Heard.
2. The petitioner is the accused in connection with C.T. Case No.467 of 2025 arising out of Kamarda P.S. Case No.142 of 2025 registered on the allegation of the commission of the offences under Sections 137(2)/61(2)/96/3(5) of B.N.S., 2023 pending in the Court of the learned J.M.F.C., Bhograi.
3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 20.02.2026 has rejected the bail application of the petitioner. Being aggrieved, the
petitioner has filed the present petition under Section 483 of B.N.S.S., 2023 praying for enlargement on bail.
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. The prosecution case, in brief, is that on 28.08.2025, the informant lodged an F.I.R. before the I.I.C., Kamarda Police Station, alleging, inter alia, that her daughter (the victim) had gone to attend Ganesh Puja Utsav but did not return home till 5:00 P.M. on
27.08.2025. Thereafter, a search was conducted, but as the victim could not be traced, the informant lodged the F.I.R. on 28.08.2025 against one Balaram Mohanty @ Jaga, who is the son of the present petitioner.
6. The petitioner is the father of the principal accused, Balia @ Balaram Mohanty @ Jaga. On 27.04.2026, a status report was sought for. Pursuant thereto, learned counsel for the State has produced the written instruction, which reveals that the victim girl
has not yet been rescued. It is also brought to the notice of the Court that the father of victim girl has already filed Habeas Corpus petition being WPCRL No.137 of 2025, which is pending before this Court.
7. Since the petitioner is the father of the accused, who is alleged to have kidnapped the victim girl and he has been in custody since 02.02.2026, I am inclined to admit 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 report before the concerned Police Station being physically present once a month on last Sunday of every month for four months. (ii) He shall cooperate with the investigation. (iii) He shall appear before the trial Court on each date on which the case is posted for trial.
(iv) He shall not leave the jurisdiction of the trial Court till disposal of the trial. (v) 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, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit.
8. The BLAPL is accordingly disposed of.
(S.S. Mishra)
Judge
Swarna