Orissa High Court
BLAPL/5542/2026 of ABHAYA DIGAL Vs STATE OF ODISHA on 1 September 2026
of 2 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5542 of 2026 CNR No. ODHC010321122026 Abhaya Digal … Petitioner Mr. A.R. Panda, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL)01.09.2026 02. 1. This is
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.5542 of 2026
CNR No. ODHC010321122026
Abhaya Digal
…
Petitioner
Mr. A.R. Panda, Advocate
-versus-
State of Orissa
…
Opposite Party
Mr. P. Satpathy, 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 Khajuripada PS Case No.96 of 2024 corresponding to CT Case No.46 of 2024 pending in the file of learned Addl. District & Sessions Judge- cum-Special Court under POCSO Act, Phulbani for commission of offences punishable U/S. 363/ 366/ 370/ 376(2)(n)/ 376(3)/ 34 of IPC r/w Sec.4(2)/ 6(1) of POCSO Act, on the main allegation of taking the victim to Bhopal and forcing her to marry with co-accused Pradeep Raghubansi and subsequently, leaving the victim with co-accused Pradeep Raghubansi.
2. Heard, Mr. Amulya Ratna Panda, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record together with the copy of depositions of PWs.1 to 3. None appears for the victim despite being duly informed as apprised by the learned Addl. PP.
3. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for taking her to Bhopal and forcing her to marry with co-accused Pradeep Raghubansi and leaving her with him, but the petitioner is in custody since 10.04.2026 and in the meantime the victim has already been examined and thereby, there being hardly any apprehension of tampering of evidence of material witness like the victim. Besides, no criminal antecedents is reported against the petitioner. Lastly, the investigating agency has not collected any materials to suggest that the petitioner would abscond or pose threat to the witnesses, if released on bail. In this situation, this Court without expressing any view on merit admits the petitioner to bail.
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 and;
(ii) The petitioner shall not threaten/ influence/ induce/ coerce any of the witnesses acquainted with the facts of the case so as to dissuade them disclosing such facts before the 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 Jayakrushna Digitally Signed Signed by: JAYAKRUSHNA DASH Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa, Cuttack Date: 01-Sep-2026 19:11:36 Signature Not Verified