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2024 DAILYLAW 304 (ORI)

SUNIL BHOI v. STATE OF ODISHA

BLAPL/8426/2024 · 2026-03-16

Gourishankar Satapathy

Transfer Petitionbody2024

Judgment text

Extracted from the PDF above. The PDF is authoritative.

p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.8426 of 2024 Sunil Bhoi … Petitioner Mr. D.P. S. Mallick, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 16.03.2026 06. 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 Bangomunda PS Case No.40 of 2023 corresponding to Spl GR Case No.23 of 2023 pending in the file of learned Spl. Judge(POCSO), Bolangir for commission of offences punishable U/Ss.294/323/354/506/376(2)(n) of IPC r/w Sec.6/8 of POCSO Act, on the main allegation of molesting the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard Mr. Durga Prasad S. Mallick, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record. 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 accusation sought to be brought against him and regard being had to the materials placed on record and p. 2 taking into account the age of the victim and keeping in view the other circumstances on record in entirety including the statement of the victim and there being allegation against the petitioner for committing rape and aggravated penetrative sexual assault upon the victim aged about 12years and last but not least, considering the allegation on the backdrop of the presumption available U/S.29 POCSO Act, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. 6. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the learned trial Court. (G. Satapathy) Judge Jayakrushna