[Cites 2, Cited by 0]
Orissa High Court
Unknown vs State Of Odisha And Another ... Opposite ... on 2 February, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
Sashi Bhusana Pani
(In BLAPL No.13397 of 2025)
Sanju @ Sandeep Patel
(In BLAPL No.12826 of 2025)
Mahesh Patel @ Mahesh
(In BLAPL No.354 of 2026) ... Petitioners
Mr. R.K. Pattanaik, Advocate
(in BLAPL No.13397 of 2025)
Mr. A.R. Panda, Advocate
(in BLAPL Nos.12826 of 2025 & 354 of 2026)
-versus-
State of Odisha and another ... Opposite Parties
Mr. T.K. Acharya, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 02.02.2026
02. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. Since these three bail applications arise out of
one and same case record, the same are heard
together and disposed of by this common order with
the consent of the learned counsel for the parties.
3. These are the bail applications U/S.483 of
BNSS by the petitioners for grant of bail in connection
with Kotagarh PS Case No.145 of 2025 arising out of CT
Case No.70 of 2025 pending in the Court of learned
Additional District and Sessions Judge-cum-Special
Court under POCSO Act, Phulbani, for commission of
offences punishable U/Ss.137(2)/143(4)/318(2)/65(1)
of BNS r/w Section 4 of POCSO Act.
3.1. The main allegation against the petitioner-
Sashi Bhusana Pani is for kidnapping the victim and
committing rape and aggravated penetrative sexual
assault upon her and the allegation against the rest of
the two petitioners is for purchasing the victim to force
her to marry the co-accused-petitioner Mahesh Patel @
Mahesh.
4. Heard, Mr. Rabindra Kumar Pattanaik, learned
counsel for the petitioner in BLAPL No.13397 of 2025;
Mr. Amulya Ratna Panda, learned counsel for the
petitioners in BLAPL Nos.12826 of 2025 & 354 of 2026
and Mr. T.K. Acharya, learned Additional Public
Prosecutor and perused the record. None appears for
the informant/victim despite being duly intimated as
apprised by learned Addl. PP.
5. After having considered the rival submissions
upon perusal of record, there appears allegation against
the petitioner-Sashi Bhusana Pani for kidnapping the
victim and committing rape and aggravated penetrative
sexual assault upon her, but the allegation against the
petitioners Sanju @ Sandeep Patel and Mahesh Patel @
Mahesh is for purchasing the victim and forcing her to
marry the petitioner Mahesh Patel @ Mahesh. In the
aforesaid fact and situation and taking into
consideration the nature and gravity of the offences as
alleged against the petitioners vis-à-vis the accusation
sought to be brought against them and regard being
had to the pre trial detention of the petitioners Sanju @
Sandeep Patel and Mahesh Patel @ Mahesh by keeping
in view the allegation leveled against them 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 while not being inclined to grant bail to the
petitioner-Sashi Bhusana Pani in BLAPL No.13397 of
2025, however, considers it proper to admit the
petitioners-Sanju @ Sandeep Patel and Mahesh Patel @
Mahesh in BLAPL Nos.12826 of 2025 & 354 of 2026 to
bail.
6. Hence, the prayer for bail of the petitioner-
Sashi Bhusana Pani in BLAPL No.13397 of 2025 stands
rejected, whereas the prayer for bail of petitioners-
Sanju @ Sandeep Patel and Mahesh Patel @ Mahesh in
BLAPL Nos.12826 of 2025 & 354 of 2026 stands
allowed. Accordingly, the petitioners-Sanju @ Sandeep
Patel and Mahesh Patel @ Mahesh in BLAPL Nos.12826
of 2025 & 354 of 2026 are allowed to go on bail on
furnishing bail bonds of Rs.50,000/- (Rupees Fifty
Thousand) each with two solvent sureties each 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 petitioners-Sanju @ Sandeep Patel
and Mahesh Patel @ Mahesh in the course
of trial shall attend the trial Court on each
date of posting without fail unless his
attendance is dispensed with. In case
the Petitioners fail without sufficient
cause to appear in the Court in
accordance with the terms of the bail,
the learned trial Court may proceed
against the Petitioners for offence
U/S.269 of BNS, 2023 in accordance
with law,
(iii) the petitioners-Sanju @ Sandeep
Patel and Mahesh Patel @ Mahesh shall
inform the Court as well as the
Investigating Agency as to their place of
residence during the trial by providing
their mobile number(s), residential
address, e-mail, if any, and other
documents in support of proof of their
residence. The petitioners shall not
change their address of residence without
intimating to the Court and Investigating
Agency.
7. Accordingly, these BLAPLs stands disposed of.
8. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Subhasmita
Location: High Court of Orissa
