[Cites 3, Cited by 0]
Orissa High Court
Gugulu @ Ashutosh @ vs State Of Orissa ... Opposite Party on 29 January, 2026
Author: G. Satapathy
Bench: G. Satapathy
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10016 of 2025
Gugulu @ Ashutosh @ ... Petitioner
Ashutosh Pattanaik
Mr. T.K. Mohanty, Advocate
-versus-
State of Orissa ... Opposite Party
Mr. P. Satpathy, Addl. PP
None (informant)
CORAM:
JUSTICE G. SATAPATHY
ORDER(ORAL)
Order No. 29.01.2026
03. 1. This matter is taken up through Hybrid
Arrangement (Virtual/Physical Mode).
2. This is a bail application U/S.483 of BNSS by
the petitioner for grant of bail in connection with Dhauli
PS Case No.138 of 2025 corresponding to TR Case
No.304 of 2025 pending in the file of learned Special
Judge, POCSO-cum-Addl. Sessions Judge,
Bhuabaneswar for commission of offences punishable
U/Ss.64(1)/64(2)(n)/296(a)/318(2)/308(2)/351(3) of
BNS r/w Sec.6 of POCSO Act and Sec.67/67-A of IT
Act, on the main allegation committing rape and
aggravated penetrative sexual assault upon the victim
and getting her obscene photo and video viral.
3. Heard, Mr. Tanmay Kumar Mohanty, learned
counsel for the petitioner and Mr. P. Satpathy, learned
Additional Public Prosecutor in the matter and perused
the record. None appears for the victim despite having
entered appearance through a counsel.
4. 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 accusations sought to be brought against him and
regard being had to the pre-trial detention of the
petitioner in custody since 11.06.2025 with submission
of charge-sheet in the meantime and taking into
account the other circumstances on record in entirety
including the statement of the victim and keeping in
view the inherent right of the accused to be presumed
innocent until proven guilty at the trial, this Court
without expressing any view on merit admits the
petitioner to bail, but subject to certain conditions.
5. 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 village till disposal of the
case;
(ii) the petitioner shall not follow or loiter in
and around the victim;
(iii) the petitioner shall not threaten/
influence/induce/ coerce any of the witnesses
including the informant and her family
members acquainted with the facts of the case
so as to dissuade them disclosing such facts
before the Court.
This Court, however, reserves liberty to the
State and the informant to file appropriate application
for cancellation of bail of the petitioner in case of
violation of the above condition or a case for
cancellation of bail is otherwise made out. In such
event of application for cancellation of bail, the learned
Court in seisin over the matter is at liberty to pass
appropriate order in accordance with law without
further reference to this Court.
6. Accordingly, the BLAPL stands disposed of.
7. Issue urgent certified copy of the order as per
Rules.
(G. Satapathy)
Judge
Jayakrushna
Location: High Court of Orissa, Cuttack
