Orissa High Court Grants Bail to Two Students in College Harassment Case; Primary Accused Denied Bail

Allegations of sexual harassment and college inaction lead to tragic self-immolation; investigation ongoing, bail granted to two students not initially named in FIR.

In a significant development in the tragic case of alleged sexual harassment at Fakir Mohan Autonomous College, Balasore, the Orissa High Court has granted bail to two students, Subhra Sambit Nayak and Jyotiprakash Biswal, who were not initially named in the First Information Report (FIR) but were implicated during the investigation. The case involves distressing allegations against college authorities and has led to the victim, a young student, committing self-immolation.

The bail applications were heard analogously by Justice Aditya Kumar, who acknowledged the conditional bail for the aforementioned students, considering their student status, locality, age, and absence of flight risk. However, bail was denied to the primary accused, including Assistant Professor Samira Kumar Sahoo and Principal Dillip Kumar Ghose, due to direct allegations and ongoing investigation by the Crime Branch.

The case originated from Sahadevkhunta Police Station Case No.229, registered on July 12, 2025, which accuses Samira Kumar Sahoo of demanding sexual favors from the victim, leading to mental harassment. Despite lodging complaints, the victim faced threats and inaction from the college authorities, culminating in her tragic self-immolation attempt and subsequent death on July 14, 2025.

Justice Kumar examined the adherence to statutory provisions, affirming that the legal procedures for arrest under Sections 47 and 48 of the Bharatiya Nyaya Sanhita, 2023, and Article 22 of the Indian Constitution were duly followed. The Court emphasized the gravity of the allegations and the impact on society, acknowledging the need for custodial interrogation for the primary accused to ensure a thorough investigation.

The Court's decision highlights the balance between legal compliance and societal concerns, granting conditional bail to students while prioritizing the integrity of the investigation against the primary accused. The investigation, handed over to the Crime Branch, continues to unfold as the Court reserves the right to re-evaluate bail petitions post the filing of the final charge sheet.

Bottom Line:

Bail applications arising out of a case involving allegations of sexual harassment, inaction of college authorities, and self-immolation by a victim resulting in death - Bail granted to two accused who were not named initially in FIR and were implicated later during investigation, considering their age, student status, locality, and absence of flight risk - Bail denied to primary accused due to ongoing investigation.

Statutory provision(s): Sections 75(1)(ii), 78(2), 79, 351(2), 108, 3(5) of Bharatiya Nyaya Sanhita, 2023; Sections 47, 48 of Bharatiya Nyaya Sanhita, 2023; Article 22 of the Constitution of India.

Samira Kumar Sahoo v. State of Odisha, (Orissa) : Law Finder Doc Id # 2797096