Citation : 2026 Latest Caselaw 3911 Ori
Judgement Date : 27 April, 2026
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No. 2416 of 2026
Sanjay Kumar Jena ........ Petitioner(s)
Mr. Sitakanta Hota, Adv.
-Versus-
State of Odisha .......... Opposite Party(s)
Mr. Raj Bhushan Das, ASC
CORAM:
DR. JUSTICE SANJEEB K PANIGRAHI
ORDER
27.04.2026 Order No.
01.
FIR Dated Police Case No. Sections
Station and Courts'
No.
Name
07 06.01.2026 Nayagarh G.R. Case Sections
No.20 of 64(2)(m)/
2026 115(2) /
pending in 351(2)/3(5)
the court of of the
learned BNS Act.
S.D.J.M.,
Nayagarh
1. This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the parties.
3. The Petitioner being in custody in Nayagarh P.S. Case No. 07
the court of learned S.D.J.M., Nayagarh , registered for the
alleged commission of offences under Sections 64(2)(m)/
115(2) / 351(2)/3(5) of the BNS Act, has filed this petition for
his release on bail.
4. The brief fact of the case is that since 2025, the informant and
the Petitioner both were working at Nabfins Ltd. Micro
Finance Co. at Sunakhala. From that day, the Petitioner had
one sided love with the informant and forcibly kept sexual
relationship with the victim by giving false marriage
assurance. When the informant opposed the accused, he had
tortured her mentally and physically. On 09.08.2025, he
assaulted the informant by means of fist and kick blows, and
also sexually harassed her. On 21.12.2025, while the
informant went to the house of Petitioner at
Kurumabankatara to inform his father and mother, the
accused assaulted her. Hence, she lodged the FIR.
5. Learned counsel for the petitioner submits that there is no
specific allegation against the Petitioner and he has no
connection with the offences as alleged by the prosecution. It
is further contended that there is no criminal antecedent
against the present Petitioner. The petitioner has been in
custody since 19.02.2026. Hence, it is prayed that the
Petitioner may be released on bail.
6. On the other hand, learned counsel for the State submits that
the materials on record clearly disclosed a prima facie case
against the Petitioner for commission of alleged offence. The
Petitioner has forcibly committed rape on her. In view of the
egregious nature of the allegations and the likelihood of
tampering with evidence, the State strongly objects to the
grant of bail.
7. Considering the nature and gravity of the accusations, the
character of the evidence appearing against the Petitioner,
and the stringent punishment prescribed for the offences
alleged, this Court finds that it is not possible at this stage to
record any reasonable grounds for believing that the
petitioner is not guilty of the offences or that he is unlikely to
commit any such offence while on bail. Accordingly, the
prayer for bail is devoid of merit and stands rejected.
8. The BLAPL is, accordingly, dismissed.
( Dr. Sanjeeb K Panigrahi) Judge Murmu
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