Orissa High Court
BLAPL/6164/2026 of SIPU @ DAYANIDHI MOHALIK Vs STATE OF ODISHA on 1 September 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 6164 of 2026 CNR No. ODHC010442532026 Sipu @ Dayanidhi Mohalik … Petitioner Mr. A.R. Panda, Advocate -versus- State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 6164 of 2026
CNR No. ODHC010442532026
Sipu @ Dayanidhi Mohalik
…
Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Odisha and another
… Opposite Parties
Mr. M.R. Patra, Addl. PP
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL): 01.09.2026
02.
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1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Raibania PS Case No.70 of 2026 corresponding to CT Case No.310 of 2026 pending in the file of learned JMFC, Jaleswar for commission of offences punishable U/Ss. 64/ 74/ 75/ 78/ 79/ 351(2) of BNS, on the main allegation of committing rape upon the victim and sexually harassing her.
2. Heard, Mr. Amulya Ratna Panda, learned counsel for the Petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record.
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 accusation sought to be brought against him and regard being had to the pre trial detention of the Petitioner in custody since 21.05.2026 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and the inherent right of the accused- Petitioner to be presumed innocent until proven guilty at the trial and lastly, no materials being placed on record to suggest that the Petitioner would either abscond or pose threat to the witnesses, if released on bail, this Court without expressing any view on merit admits the petitioner to bail, but subject to certain conditions.
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) only 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 or visit her house or place of residence;
(ii) the petitioner shall not follow the victim or loiter in and around her at any place;
(iii) the petitioner shall not threaten/ influence/ induce/ coerce any of the witnesses including the victim and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court and
(iv) the petitioner shall report attendance before the jurisdictional Police Station once in a fortnight preferably on a 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.
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 liberty to the State and the informant to file appropriate application for cancellation of bail of the Petitioner in case of violation of any of the above conditions or a case for cancellation of bail is otherwise made out. In such event of application for cancellation of bail, the learned Court in seisin over the matter is at liberty to pass appropriate order in accordance with law without further reference to this Court.
5. 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 Priyajit Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 02-Sep-2026 17:29:48 Signature Not Verified