Baishnab Charan Behera Vs State of Odisha

The Petitioner is an accused in connection with G.R. Case No.58 of 2026 pending on the file of learned J.M.F.C., Salipur, arising out of Salipur P.S. Case No.61 of 2026 for commission of offence alleged under Sections 296(b)/ 115(2)/ 117(2)/ 109/ 303(2)/351(3) and 3(5) of BNS read with Section 4 of D.P Act.

Learned counsel, on instruction, submits that except the present BLAPL, no other bail application of the Petitioner relating to the aforementioned P.S. case is pending in any other Court.

Being aggrieved by the rejection of his application for bail U/s.483 of the BNSS by the learned Additional Sessions Judge, Salipur by order

Page 1 of 3

dated 11.02.2026 in the aforementioned case, the present BLAPL has been filed.

The prosecution story in brief is that the informant namely Simali Rout lodged a written report before the IIC Salipur Police Station on 27.01.2026 alleging therein that after death of her husband, her in-laws members quarreled with the informant, for which the informant is residing at Bhubaneswar in the house of her elder sister. On 27.01.2026 at about 3.30 P.M., she along with her son and her elder sister went to her in-laws house, where her father-in-law and other members abused the informant in obscene language and assaulted her. It is further alleged that the elder brother-in-law of the informant namely Rabindra Behera assaulted her son aged about 3 years by pressing his neck with an intention to kill him. Thereafter, one Abhiram Behera(younger dedhasura of the informant) dragged her and assaulted her by iron rod and other members pressed her neck with an intention to kill her and one Baishnab Behera (Petitioner) and Goutam Behera also dragged her sister and tried to rape her. The Petitioner also snatched away phone, two gold chain, one gold ear flower of the informant and cash of Rs.4,500/- and assaulted the informant, for which the informant lodged the aforementioned PS case.

It is submitted by the learned counsel that the Petitioner is in custody since 01.03.2025 and charge

Page 2 of 3

sheet has been filed on 28.04.2026, further continuance of the Petitioner in custody is not warranted.

On perusal of the recitals of the Case Diary, it is seen that the overt act is attributed to one Abhiram Behera. Considering the same and filing of the charge-sheet, this Court directs the Petitioner shall be released on bail on such terms to be fixed by the learned Court in seisin.