Saroj Barik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

Saroj Barik Vs State of Odisha — Bail and Remand | Orissa HC (2025)

What the court decided

AI extract

Outcome

Release of the petitioner on bail in Gondia P.S. Case No.33 of 2025 / C.T. (SS) No.87 of 2025 on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, subject to further conditions including non-indulgence in criminal activities and appearance before the trial Court on each date; the BLAPL stands disposed of.

Issue for consideration

Whether the petitioner, in judicial custody since 26.01.2025 in connection with Gondia P.S. Case No.33 of 2025 / C.T. (SS) No.87 of 2025 (sections 376(2)(n)/506 IPC), should be released on bail under section 483 of BNSS.

Court's answer

Bail found appropriate because the petitioner is in judicial custody since 26.01.2025, the charge sheet has been submitted, the victim was major on the date of occurrence and was examined as P.W.4, her evidence indicates she is a consenting party, and at this stage there is no chance of tampering with the evidence.

Ratio / Principle

The petitioner is to be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- with two local solvent sureties each for the like amount, to the satisfaction of the learned Court in seisin over the matter.

Key takeaways

Bail is subject to further conditions as the learned Court below may deem just and proper, including that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date of posting; violation of any condition shall entail cancellation of bail.ratio¶21

Detailed headnote1 paragraphs

Bail under Section 483 BNSS granted to the accused in Gondia P.S. Case No.33 of 2025 / C.T. (SS) No.87 of 2025 (offences under Sections 376(2)(n)/506 IPC) pending before the Adhoc Addl. Sessions Judge (FTSC), Dhenkanal, where his earlier bail prayer had been rejected on 19.07.2025. Grounds: petitioner in judicial custody since 26.01.2025; charge sheet filed; victim was major on the date of occurrence and, per her deposition as P.W.4, appears to be a consenting party; no chance of tampering with evidence at this stage. Bail ordered on a bond of Rs.50,000/- with two local solvent sureties for the like amount, subject to conditions including abstention from criminal activities and appearance before the trial Court on each date, breach entailing cancellation. (S.K. Sahoo, J.)

IN THE HIGH COURT OF ORISSA AT CUTTACK

BLAPL No.9592 of 2025

Saroj Barik

Petitioner

Mr. Susanta Kumar Rout, Advocate

-versus-

State of Odisha

…. Opp. Party

Mr. Aurovinda Mohanty, Addl. Standing Counsel

CORAM:

JUSTICE S.K. SAHOO

ORDER

Order No.

24.09.2025

This matter is taken up through Hybrid arrangement (video conferencing/physical mode).

Heard learned counsel for the petitioner and learned counsel for the State.

This is an application for bail under section 483 of BNSS in connection with Gondia P.S. Case No.33 of 2025 corresponding to C.T. (SS) No.87 of 2025 pending in the file of learned Adhoc Addl. Sessions Judge (FTSC), Dhenkanal for alleged commission of offences under sections 376(2)(n)/506 of the Indian Penal Code.

The prayer for bail of the petitioner was rejected by the learned Adhoc Addl. Sessions Judge, F.T.S.C., Dhenkanal vide order dated 19.07.2025.

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Considering the submission made by the learned counsel for the petitioner that the petitioner is in judicial custody since 26.01.2025 and charge sheet has already been submitted for the offence under section 376(2)(n)/506 of the Indian Penal Code and it appears that the victim was major as on the date of occurrence and the victim has been examined by the learned trial Court as P.W.4, the certified copy of the deposition is filed by the learned counsel for the petitioner, which is taken on record and from the evidence of the victim, it appears that she is a consenting party and at this stage there is no chance of tampering with the evidence and on hearing learned counsel for the State, I am inclined to release the petitioner on bail.

Let the petitioner be released on bail in the aforesaid case on furnishing a bail bond of Rs.50,000/- (rupees fifty thousand) with two local solvent sureties each for the like amount to the satisfaction of the learned Court in seisin over the matter with further conditions as the learned Court below may deem just and proper including the conditions that the petitioner shall not indulge in any criminal activities and shall appear before the learned trial Court on each date to which the case would be posted for trial.

Violation of any of the conditions shall entail

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cancellation of bail.

The BLAPL is accordingly disposed of. Issue urgent certified copy as per Rules.

( S.K. Sahoo)

Judge

Pravakar

Signature Not Verified

Digitally Signed Signed by: PRAVAKAR NAYAK Reason: Authentication Location: HIGH COURT OF ORISSA, CU TTACK Date: 25-Sep-2025 20:03:34

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