IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2096 of 2026 Madan Singh …. Petitioner Mr. Biswaranjan Dalai, Advocate -versus- State of Odisha …. Opp. Party Ms. Suvalaxmi Devi, ASC Ms. Anita Rani Panda, Advocate for the victim CORAM: JUSTICE SIBO SANKAR MISHRA Order No. ORDER 22.04.2026 02. 1. The petitioner is an accused in connection with Ersama P.S. Case No.26 of 2026 corresponding to G.R. No.48 of 2026 registered for the alleged commission of the offences punishable under Sections 138/ 126(2)/ 296(2)/115(2)/64(M)/351(2) of the BNS, 2023, pending in the Court of the learned J.M.F.C., Ersama. The petitioner had approached the learned Additional District & Sessions Judge, Kujang in BLAPL No.23 of 2026 praying for grant of bail. The learned Court below vide its order dated 13.02.2026 rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of BNSS, 2023 praying for enlargement on bail. Page 2 of 4 2. 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. 3. The prosecution case is that on 19.01.2026, the prosecutrix lodged a written report before the Ersama P.S. alleging therein that the accused used to talk with her over telephone and come to her house. On 18.01.2026 at about 4.00 p.m., the accused came to her village chowk and asked her to give her Aadhaar Card, as such she gave the same and subsequently the accused took her to Kotakana Forest, Tirtol by his motor cycle, where he forcibly committed rape on her and detained her till 9.00 p.m. Then the accused took her to his house, where also he committed rape on her. The accused demanded cash of Rs.40,000/- from her and threatened her with dire consequences. Hence, the F.I.R. 4. After the investigation, the statement of the victim-prosecutrix was recorded under Section 183 of the BNS. In her statement, she has categorically stated that she had developed love relationship with the petitioner and have been communicating through the Instagram. After getting to know the petitioner through Instagram, they have been maintaining their relationship and subsequently the petitioner has forcibly contacted physical relationship with her. Hence, she filed the criminal case. 5. Although the allegations made by the prosecutrix are serious in nature, but learned counsel for the informant submits that she has settled the dispute with the petitioner and she has also filed an affidavit to that effect. The said affidavit placed on record, inter alia, states that they have settled their dispute and she does not have any grievance left against the petitioner. The said affidavit and the Vakalatnama filed on behalf of the victim engaging Ms. Anita Rani Panda, Advocate are taken on record. 6. The petitioner has been in the jail custody since 20.01.2026. 7. Regard being had to the submission made by learned counsels for the parties, the period of custody of the petitioner since 20.01.2026, keeping in view the settlement between the parties, I am inclined to enlarge the petitioner on bail. 8. Hence, the petitioner is directed to be released on bail by the learned 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) He shall not leave the jurisdiction of the trial Subhasis Court till the disposal of the trial; (ii) He shall appear before the trial Court on each date on which the case is posted for trial; (iii) He shall not tamper with the evidence in any manner whatsoever; (iv) He shall not commit any offence while on bail, and (v) He shall be released on bail subject to verification of similar type of antecedents. In the event the petitioner is found wanting 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 Designation: Personal Assistant Location: High Court of Orissa, Cuttack. Date: 24-Apr-2026 07:48:05