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Orissa High Court
Bhabani @ Bhabani vs State Of Odisha .... Opposite Party(S) on 27 April, 2026
Author: Sanjeeb K Panigrahi
Bench: Sanjeeb K Panigrahi
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.2432 of 2026
Bhabani @ Bhabani .... Petitioner(s)
Sankar Ray
Ms. Swayamprava Dash, Adv.
-versus-
State of Odisha .... Opposite Party(s)
Mr. Sonak Mishra, ASC
CORAM:
HON'BLE DR.JUSTICE SANJEEB K PANIGRAHI
Order No. ORDER
01. 27.04.2026
F.I.R. Dated Police Case No. and Sections
No. Station Courts' Name
0340 06.12.2025 Kishorenagar C.T.(S) No.07 of Sections 331(6),
2026 arising out of 64(1), 351(3) of the
Kishorenagar P.S. Bharatiya Nyaya
Case No.340 Sanhita
dated 06.12.2025
pending before
the Court of
learned
Additional
District &
Sessions Judge,
Athmallik
1.
This matter is taken up through hybrid arrangement.
2. Heard learned counsel for the Petitioner and learned
counsel for the State.
3. The Petitioner being in custody in connection with
C.T.(S) No.07 of 2026 arising out of Kishorenagar P.S.
Case No.340 dated 06.12.2025 pending before the Court
Designation: Personal Assistant
Location: High Court of Orissa
of learned Additional District & Sessions Judge,
Athmallik registered for the alleged commission of
offences under Sections 331(6), 64(1), 351(3) of the
Bharatiya Nyaya Sanhita, has filed this application for
his release on bail.
4. The brief fact of the case is that on 4-5.12.2025 at about
2.A.M. (Night) while the informant was sleeping in her
house alone as her husband and the other in-laws
members had been to witness the "Dandanacha", the
present Petitioner had forcefully entered into the house
of the informant and committed rape on her without
her consent. He had also threatened the informant not
to disclose the said fact to anybody otherwise he will
kill her. Thereafter, he fled from the spot. Soon after the
said incident, an F.I.R was lodged in the local Police
Station. Accordingly, upon completion of investigation,
the Petitioner was taken into custody. The Petitioner
has been languishing in custody since 06.12.2025.
5. Learned counsel for the Petitioner submits that the
Petitioner is an innocent person. He has been falsely
implicated in this case. He further contends that due to
some previous enmity the above noted F.I.R has been
lodged against the present Petitioner. She, accordingly,
prays for permitting the Petitioner to be released on
bail.
Designation: Personal Assistant
Location: High Court of Orissa
6. Learned counsel for the State vehemently opposes the
prayer for bail of the present Petitioner. He further
contends that such type of offences is not tolerable in a
law abiding society. He, accordingly, prays for
dismissal of this BLAPL.
7. Considering the nature and gravity of the accusation,
character of evidence appearing against the Petitioner
and the stringent punishment prescribed, this Court is
of the view that there are no reasonable grounds to
believe that the Petitioner has no role in the offence
alleged or not likely to commit any such offence. The
prayer for bail being devoid of any merit stands
rejected.
8. This BLAPL is, accordingly, dismissed.
(Dr. Sanjeeb K Panigrahi)
Judge
Ayaskanta
Designation: Personal Assistant
Location: High Court of Orissa
