Orissa High Court
BLAPL/5434/2026 of SIBA SUKRI Vs STATE OF ODISHA on 31 August 2026
of 3 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 5434 of 2026 CNR No. ODHC010360582026 Siba Sukri … Petitioner Mr. P.K. Nanda, Advocate -versus- State of Odisha … Opposite Party Mr. C. Mahanty, Addl. PP Ms. R. Panda, Advocate(Victim) CORAM: JUSTICE G. SATAPATHY Order No.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 5434 of 2026
CNR No. ODHC010360582026
Siba Sukri
…
Petitioner
Mr. P.K. Nanda, Advocate
-versus-
State of Odisha
…
Opposite Party
Mr. C. Mahanty, Addl. PP
Ms. R. Panda, Advocate(Victim)
CORAM: JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL): 31.08.2026
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 Malkangiri PS Case No.140 of 2025 corresponding to GR(Special) Case No.39 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Special Judge, Malkangiri for commission of offences punishable U/Ss. 137(2)/64(2)(m) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.
2. Heard, Mr. Prasanta Kumar Nanda, learned counsel for the Petitioner and Mr. C. Mahanty, learned Additional Public Prosecutor in the matter and perused the record. The father of the victim appearing virtually along with Ms. Rasmita Panda, learned counsel for the informant strongly opposes the bail application of the Petitioner and the father of the victim further submits that there is life threat to him because the Petitioner has threatened to kill him and, therefore, the bail application of the Petitioner may kindly be rejected.
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 08.05.2025 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 no materials being placed on record to suggest that the Petitioner would either abscond or pose threat to the witnesses, if released on bail, but looking at the apprehension of the informant, which can be mitigated or curbed by imposing appropriate conditions on the petitioner and lastly, keeping in view the inherent right of the accused-Petitioner to be presumed innocent until proven guilty at the trial, 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 visit to the college of the victim;
(iv) 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
(v) the petitioner shall remain away from the village of the victim for three months and thereafter, to appear before the jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to
Noon for another three(03) months thereafter.
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: PRIYAJIT SAHOO Designation: Sr. Stenographer Reason: Authentication Location: HIGH COURT OF ORISSA Date: 31-Aug-2026 19:22:13 Signature Not Verified