IN THE HIGH COURT OF ORISSA AT CUTTACK Bagulu @ Aju Mahakud @ Munda (In BLAPL No.11579 2025) Kalia @ Daktar Munda & others (In BLAPL No.11765 of 2025) … Petitioners Mr. P.S.Das, Advocate (In both the bail applications) -versus- State of Orissa & another … Opposite Parties Mr. M.R.Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 12.02.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two 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 applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Keonjhar Town P.S. Case No.575 of 2025 corresponding to Special Case No. 80 of 2025 pending in the file of learned Addl. Sessions Judge- cum-Special Judge under POCSO Act, Keonjhar for commission of offences punishable U/Ss. 142/70(2) of the BNS r/w Sec. 6 of POCSO Act and Sec. 3(2)(b), 3(1)(w)(i) of SC & ST(POA) Act, on the main allegation of kidnapping the victim and committing Gang Rape and aggravated penetrative sexual assault upon her by taking advantage of her caste. 4. In the course of hearing, Mr.Partha Sarathi Das, learned counsel for the petitioners submits that although there are allegation against the petitioners for committing Gang Rape, but the medical report of the victim is totally silent and thereby, the offence of Gang Rape being not made out against the petitioners and they having detained in custody for a substantial period, the bail application of the petitioners may kindly be favourably considered. 4.1. On the other hand, Mr.M.R.Patra, learned Addl. PP by relying upon the evidence of the victim prays to reject the bail application of the petitioners. None appears for the victim despite being duly informed as apprised by learned State counsel. 5. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioners vis-à-vis the accusations sought to be brought against them and regard being had to the materials placed on record keeping in view the evidence of the victim and medical evidence being not sine qua non to constitute an offence of rape and taking into consideration the law laid down by Apex Court in X vrs. State of Rajasthan (2024) SCC Online SC 3539, this Court does not consider it proper to grant bail to the petitioners at this stage. Page 3 of 3 6. Hence, the bail application of the petitioner Bagulu @ Aju Mahakud @ Munda(BLAPL No. 11579 of 2025) and Kalia @ Daktar Munda & others(BLAPL No. 11765 of 2025) stands rejected. 7. Accordingly, both the BLAPLs stand disposed of. A copy of this order be transmitted to learned trial Court. (G. Satapathy) Judge kishore