Bijay Pani v. State of Odisha

Orissa HC4 Sept 2025BLAPL/3781/2025

Case brief

AI extract

What is this about?

Orissa High Court, Cuttack; BLAPL No. 3781 of 2025; Justice G. Satapathy; oral order dated 04.09.2025; bail application U/S.483 BNSS; offences U/Ss. 366/376(2)(n)/323 IPC; Lock P.S. Case No.193 of 2024; C.T. Case No.65 of 2024; ADJ-cum-Special Court FTSC POCSO Jagatsinghpur; petitioner Bijay Pani; custody since 02.05.2024; victim already examined; no scope for tampering of evidence; presumption of innocence; bail bond Rs.25,000/- with one solvent surety; bail allowed; BLAPL disposed of.

What did the court decide?

Bail application allowed; petitioner released on bail subject to furnishing bail bonds of Rs.25,000/- (Rupees Twenty-five Thousand) 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 deemed fit; urgent certified copy of the order issued as per Rules.

Bijay Pani Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody since 02.05.2024 in C.T. Case No.65 of 2024 (Lock P.S. Case No.193 of 2024) for offences under Ss.366/376(2)(n)/323 IPC, should be admitted to bail.

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Court's answer

The victim has already been examined in the trial, so there is hardly any scope for tampering of her evidence.

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Ratio / Principle

The petitioner has the right to be presumed innocent until proven guilty at the trial.

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Key takeaways

After considering the rival submissions, the nature and gravity of the offences alleged vis-a-vis the accusations, other circumstances on record, the materials placed on record and the custody period, the Court admitted the petitioner to bail without expressing any view on merits.ratio¶¶19
Bail granted on furnishing bail bonds of Rs.25,000/- 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 deemed fit.ratio¶¶20

Detailed headnote1 paragraphs

Bail under S.483 BNSS granted in a case arising out of Lock P.S. Case No.193 of 2024 / C.T. Case No.65 of 2024 (offences punishable under Ss.366/376(2)(n)/323 IPC, allegations of kidnapping and rape), pending before the learned ADJ-cum-Special Court (FTSC, POCSO), Jagatsinghpur. Grounds: petitioner in custody since 02.05.2024; victim already examined in trial so there is hardly any scope for tampering of her evidence; petitioner entitled to presumption of innocence. Bail allowed without expressing any view on merits, on bail bonds of Rs.25,000/- with one solvent surety for the like amount; BLAPL disposed of.

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 3781 of 2025

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Bijay Pani

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Petitioner

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Mr. D. Das, Advocate

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-versus-

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State of Odisha

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Opposite Party

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Mr. P. Satpathy, Addl. PP

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CORAM: JUSTICE G. SATAPATHY

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Order No.

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03.

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ORDER(ORAL) 04.09.2025

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This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).

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This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Lock P.S. Case No.193 of 2024 corresponding to C.T. Case No.65 of 2024 pending in the file of learned ADJcum-Special Court FTSC, POCSO, Jagatsinghpur, for commission of offences punishable U/Ss. 366/376(2)(n)/323 of the IPC, on the main allegation of kidnapping the victim and committing rape upon her.

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Heard, Mr. Debasnan Das, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record.

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Admittedly, the petitioner is in custody since 02.05.2024 and in the meantime, the victim has

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already been examined in the trial and therefore, there is hardly any scope for tampering of evidence of the victim. Besides, the trial is yet to be concluded. Undisputedly, the petitioner has right to be presumed innocent until proven guilty at the trial.

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In such view of the matter and after having considered the rival submission and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and taking into account the other circumstances on record in entirety and on going through the materials placed on record together with the custody period of the petitioner, this Court without expressing any view on merits, admits the petitioner to bail.

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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.

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Accordingly, the BLAPL stands disposed of. 8. Issue urgent certified copy of the order as per Rules.

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(G. Satapathy) Judge

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S.Sasmal

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Signature Not Verified

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Digitally Signed Signed by: SUBHASMITA SASMAL Designation: Jr. Stenographer Reason: Authentication Location: High Court of Orissa Date: 06-Sep-2025 16:20:28

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Bijay Pani v. State of Odisha

Case brief

What is this about?

What did the court decide?

Bijay Pani 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

Statutes considered

Procedural history

Parties & counsel

Coram

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