Rajanikanta Badajena Vs State of Odisha

The Petitioner is seeking pre-arrest bail in connection with G.R. Case No.275 of 2025 pending in the Court of learned J.M.F.C., Kanas arising out of Kanas P.S. Case No.165 of 2025 for commission of offence punishable under Sections 75(2)/ 78/ 79/ 351(2) of BNS.

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The essence of the allegation against the present Petitioner is that he has sexually harassed the informant.

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It is submitted by the learned counsel for the Petitioner that motivated allegations have been made just to malign the Petitioner and to see that somehow he is taken behind the bar and it is also stated that

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the same is ex-facie established from the tenor of the complaint.

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Such submission is opposed by the learned counsel for the Informant and objection opposing the prayer for pre-arrest bail is also on record and in the said objection reference has been made to Kanas P.S. Case No.97 of 2025 in which the Petitioner is stated to have been granted pre-arrest bail. Hence, it is submitted that in view of the criminal proclivity of the Petitioner, no leniency ought to be shown.

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Learned counsel for the State also opposes the prayer for pre-arrest bail.

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During the course of hearing, the report of the Internal Complaint Committee (ICC) of the institution where both the Petitioner and the Informant were working is placed on record by way of affidavit of the Petitioner.

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On the basis of the recitals in the Case Diary, learned counsel for the State also submits that the said report of the Internal Complaint Committee is part of the record.

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Taking into account the nature of allegations, the finding of the ICC, in the considered view of this Court has significance. For convenience of reference the operative portion of the finding of the Internal Complaint Committee in vernacular is extracted hereunder:-

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Taking into account the nature of allegations, the materials on record and the finding of the Internal Complaint Committee, it is directed that on surrendering within three weeks hence and moving for bail, the Petitioner shall be released on bail by the learned Court in seisin on such terms as deemed just and proper

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Additionally it is directed that the Petitioner shall appear before the jurisdictional police station once every month on such date and time to be fixed by the learned Court in seisin till submission of final form. Certification of such appearance shall be submitted to the learned Court in seisin.

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The ABLAPL is accordingly disposed of.

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Signature Not Verified

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Digitally Signed Signed by: AYESHA ROUT Reason: AuthenticationLocation: High Court of Orissa, C utta ck (V. NARASINGH) Date: 17-Dec-2025 15:46:27 Judge

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Ayesha

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Rajanikanta Badajena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Rajanikanta Badajena v. State of Odisha

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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