Mohammed Samir Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Mohammed Samir Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Conditional bail: release on furnishing bail bonds of Rs.50,000/- with one solvent surety for the like amount, subject to conditions (i) no contacting/visiting/following/loitering around the victim and (ii) no threatening/influencing/inducing/coercing of witnesses including the informant and her family; liberty reserved to the State and the informant to seek cancellation of bail on violation.

Issue for consideration

Whether bail should be granted to the petitioner under S.483 BNSS in connection with Baliapanda PS Case No.166 of 2025 / ST Case No.02/14 of 2026.

Court's answer

Taking into account the nature and gravity of the alleged offences vis-à-vis the accusations, the petitioner's pre-trial detention in custody since 09.09.2025, the intervening examination of the victim leaving little apprehension of tampering of prosecution evidence, and the inherent right of the accused to be presumed innocent until proven guilty at trial, this Court, without expressing any view on merit, admitted the petitioner to bail subject to certain conditions.

Ratio / Principle

The petitioner was allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty 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 deem fit and proper by it.

Key takeaways

Condition imposed on bail (i): the petitioner shall not contact the victim or visit her house, and shall not follow the victim or loiter in and around her at any place.ratio¶18
Condition imposed on bail (ii): the petitioner shall not threaten, influence, induce or coerce any of the witnesses including the informant and her family members acquainted with the facts of the case, so as to dissuade them disclosing such facts before the Court.ratio¶19
Liberty was reserved to the State and the informant to file an appropriate application for cancellation of bail of the petitioner in case of violation of any of the imposed conditions, and in such event the learned Court in seisin is at liberty to pass appropriate order in accordance with law without further reference to this Court.

Detailed headnote1 paragraphs

Bail under S.483 BNSS granted (Order Oral dated 13.07.2026) by Justice G. Satapathy, High Court of Orissa at Cuttack, in BLAPL No.1238 of 2026 (Mohammed Samir v. State of Orissa): petitioner, in pre-trial custody since 09.09.2025, faced charges in Baliapanda PS Case No.166 of 2025 / ST Case No.02/14 of 2026 pending before the learned Adhoc Addl. Sessions Judge-cum-First Track Special Court, Puri, under BNS Ss.126(2), 115(2), 77, 64(2)(m), 336(2), 340(2), 351(2) r/w IT Act Ss.66E, 67, 67A; primary allegation that he developed intimacy with the victim through her phone number and Instagram and thereafter dupped her by committing sexual intercourse repeatedly on the threatening of getting her objectionable and nude photographs and video viral; with the victim's examination completed in the meantime and little apprehension of tampering of prosecution evidence, the Court, without expressing any view on merit and having regard to the inherent right of the accused to be presumed innocent until proven guilty, allowed bail on bonds of Rs.50,000/- with one solvent surety for the like amount, imposing conditions that the petitioner shall not contact the victim, visit her house, follow or loiter around her at any place, and shall not threaten/influence/induce/coerce witnesses including the informant and her family members; liberty reserved to the State and the informant to file an application for cancellation of bail on violation of the conditions, with the learned Court in seisin at liberty to pass appropriate order without further reference to this Court.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.1238 of 2026 Mohammed Samir … Petitioner

Mr. S. Ahmed, Advocate

-versus-

State of Orissa

… Opposite Party

Mr. P. Satpathy, Addl. PP

Order No.

05.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL)13.07.2026

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

This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Baliapanda PS Case No.166 of 2025 corresponding to ST Case No.02/14 of 2026 pending in the file of learned Adhoc Addl. Sessions Judge-cum-1^st Track Special Court, Puri for commission of offences punishable U/Ss. 126(2)/ 115(2)/ 77/ 64(2)(m)/ 336(2) /340(2)/ 351(2) of BNS r/w Sec.66E/ 67/ 67A of IT Act.

The primary allegation against the petitioner is that he developed intimacy with the victim by taking her phone number & through Instagram, but subsequently he dupped her by committing sexual intercourse repeatedly on the threatening of getting her objectionable & nude photographs and video viral.

Heard, Mr. Sarfaraz Ahmed, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record together with the evidence of the victim as produced.

After having considered the rival submissions and taking into consideration the nature and gravity of the

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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 09.09.2025 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of prosecution evidence of material witness like the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused 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.

Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.50,000/(Rupees Fifty 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 & the petitioner shall not follow the victim or loiter in and around her at any place;

(ii) the petitioner shall not threaten/ influence/ induce/ coerce any of the witnesses including the informant and her family members acquainted with the facts of the case so as to dissuade them disclosing such facts before the Court.

Accordingly, the BLAPL stands disposed of. 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

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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.

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

Signature Not Verified

Digitally Signed Signed by: JAYAKRUSHNA DASH Reason: Authentication Location: High Court of Orissa, C utta ck Date: 13-Jul-2026 19:34:37

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