CHANDAN SWAIN v. STATE OF ODISHA
Court: High Court of Orissa
Bench: MR. JUSTICE SIBO SANKAR MISHRA
Judgment date:
Case summary
High Court of Orissa judgment dated 2025-12-23. CHANDAN SWAIN v. STATE OF ODISHA. Read the judgment and case details on LawSphereX.
Judgment text
IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No. 13592 of 2025 Chandan Swain …. Petitioner(s) Mr. Jyotirmaya Sahoo, Advocate -versus- State of Odisha …. Opposite Party(s) Mr. Sarat Chandra Pradhan, ASC CORAM: JUSTICE SIBO SANKAR MISHRA ORDER 23. 12. 2025 Order No. 01. 1. Heard. 2. The petitioner is an accused in connection with Rambha P. S. Case No. 575 of 2025 corresponding to G. R. Case No. 1628 of 2025 committed to S. T. Case No. 120 of 2025 registered on the allegation of the commission of the offence under Section 69/351(2) of B. N. S. , 2023 pending in the Court of the learned Additional Sessions Judge, Khallikote. 3. The petitioner had approached the learned Court below praying for grant of bail. The learned Court below vide its order dated 11. 12. 2025 has rejected the bail application of the petitioner. Being aggrieved, the petitioner has filed the present petition under Section 483 of B. N. S. S. , 2023 praying for enlargement on bail. 4.
Learned counsel for the petitioner, on instruction from the petitioner, submits that, except the present bail application, no other bail application of the petitioner is pending in any other Court relating to the aforesaid F. I. R. 5. The prosecution case, in short, is that on 20. 07. 2025, the informant/victim lodged a written report before the I. I. C. , Rambha Police Station, inter alia alleging that the petitioner had cohabited with her on several occasions under a false promise of marriage, but subsequently refused to solemnize the marriage. It is further alleged that, at different points of time, the petitioner obtained a sum of Rs. 5,00,000/- from the informant, which he later declined to return. According to the informant, when she approached the petitioner with a request to marry her, she was assaulted and forcibly driven out of his house. Hence, the F. I. R. 6. During the course of investigation, the statement of the victim under Section 164 Cr. P. C. has been recorded.
She in her statement has stated that she was earlier married to one Kalia Ghadei and after her separation; she developed relationship with the present petitioner. She further stated that they have been in relationship for about five years and the petitioner had promised to marry her and contacted the physical relationship with her since last five years. She has also stated in the statement that the petitioner has taken about Rs. 5,00,000/- for the purpose of running of his household. Whenever, she raised the issue of marriage, the petitioner has been avoiding and upon her insistence, he threatened to commit suicide. 7. Regard being had to the period of custody from 21. 07. 2025, the nature of accusation, I am inclined to admit the petitioner on bail.
Hence, the petitioner is directed to be released on bail by the Court in seisin over the matter in the aforesaid case on such terms and conditions as it would deem just and proper, subject to the following additional conditions:- (i) The petitioner shall appear before the trial Court on each date on which the case is posted for trial. (ii) He shall not tamper with the evidence in any manner whatsoever. (iii) He shall not keep in contact with the victim or her family members in any manner whatsoever. Violation of any of the conditions shall entail consideration for cancellation of the bail granted to the petitioner. In the event, any of the bail conditions are violated by the petitioner, the prosecution is given liberty to move appropriate application before the Court below for recalling the concession of bail. If such application is moved, the trial Court should decide the application on its own merit. 8. The BLAPL is accordingly disposed of. (S. S.
Mishra) Judge Swarna Signature Not Verified Digitally Signed Signed by: SWARNAPRAVA DASH Designation: Senior Stenographer Reason: Authentication Location: High Court of Orissa Date: 24-Dec-2025 15:05:09
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.