Akash Biswal Vs State of Odisha — Bail and Remand | Orissa HC (2026)

Akash Biswal Vs State of Odisha — Bail and Remand | Orissa HC (2026)

What the court decided

AI extract

Outcome

Petitioner admitted to 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, subject to conditions: (i) petitioner shall not contact the victim or visit her house or residence; (ii) petitioner shall not threaten/influence/induce/coerce any witnesses including the victim and her family members; (iii) petitioner shall cooperate with the further trial; failure to appear without sufficient cause may lead the trial Court to proceed under S.269 BNS 2023.

Issue for consideration

Whether the petitioner, accused of offences punishable under Ss.64(a)/296/351(2) BNS 2023 r/w Ss.67(A) and 66(E) IT Act in Deogaon PS Case No.257 of 2025 / SC Case No.77 of 2025, should be granted bail under S.483 BNSS.

Court's answer

Taking into account the nature and gravity of the alleged offences vis-à-vis the accusations, the materials on record, the victim's evidence, the petitioner's pre-trial detention since 11.08.2026 with the victim already examined (leaving little apprehension of tampering of evidence of material witness like victim), the inherent right of the accused to be presumed innocent until proven guilty at trial, and the victim's age of 23 years, the Court admits the petitioner to bail without expressing any view on merit.

Ratio / Principle

If the petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the petitioner for offence under S.269 BNS 2023 in accordance with law.

Detailed headnote1 paragraphs

Orissa High Court (G. Satapathy, J., oral order dated 10.07.2026) allowed BLAPL No.2358 of 2026 moved by Akash Biswal under S.483 BNSS seeking bail in Deogaon PS Case No.257 of 2025 corresponding to SC Case No.77 of 2025 pending before the learned Sessions Judge, Bolangir, for offences punishable under Ss.64(a)/296/351(2) BNS 2023 r/w Ss.67(A) and 66(E) IT Act, on the allegation of committing rape upon a 23-year-old victim, capturing the act on a mobile and making it viral. Considering the gravity of the charges alongside the materials on record, the victim's deposition (already recorded), the petitioner's pre-trial detention since 11.08.2026 leaving little apprehension of tampering, the presumption of innocence, and the victim's age, the Court admitted the petitioner to bail without expressing any view on merit, on a Rs.25,000/- bail bond with one solvent surety, imposing conditions of no contact with the victim, no threatening or influencing of witnesses, and cooperation with the trial, with a warning that absence without sufficient cause may attract proceedings under S.269 BNS 2023.

IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.2358 of 2026

Akash Biswal …

Petitioner

Mr. B. Ch. Parija, Advocate

-versus-

State of Odisha and another … Opposite Parties Mr. M.R. Patra, Addl. PP

Order No.

CORAM: JUSTICE G. SATAPATHY ORDER(ORAL): 10.07.2026

02. 1. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Deogaon PS Case No.257 of 2025 corresponding to SC Case No.77 of 2025 pending in the file of learned Sessions Judge, Bolangir for commission of offences punishable U/Ss.64(a)/296/351(2) of the BNS, 2023 r/w Sections 67(A) and 66(E) of the IT Act, on the main allegation of committing rape upon the victim and capturing such immoral act in a mobile and getting it viral subsequently.

Heard, Mr. Bikash Chandra Parija, learned counsel for the petitioner and Mr. M.R. Patra, learned Additional Public Prosecutor in the matter and perused the record together with certified copy of deposition of the victim as produced.

After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusation sought to be brought against him and regard being had to the materials placed on record and keeping in view the evidence of the victim and the pre trial detention of the Petitioner in custody since 11.08.2026 with examination of the victim in the meantime and thereby, there being little apprehension of tampering of evidence of material witness

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like victim and taking into account the other circumstances on record in entirety including the inherent right of the accusedPetitioner to be presumed innocent until proven guilty at the trial and the age of the victim at 23 years, this Court without expressing any view on merit admits the petitioner to bail.

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 and proper by it with following conditions:-

(i) the petitioner shall not contact the victim or visit her house or residence;

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

(iii) the petitioner shall cooperate the further trial . In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNS,2023 in accordance with law

Accordingly, the BLAPL stands disposed of. 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.

Signature Not Verified

Digitally Signed Signed by: PRIYAJIT SAHOO Reason: Authentication Location: HIGH COURT OF ORI SSA Date: 10-Jul-2026 18:20:47

(G. Satapathy) Judge

Priyajit

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