Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.755 of 2025
Santosh Kumar Nayak @ Chandan (In BLAPL No.755 of 2026) Rakesh Das (In BLAPL No. 12746 of 2025)….. Petitioners
Mr. R.R. Ray, Advocate (In BLAPL No.755 of 2026) Mr. M. Das, Advocate (In BLAPL No. 12746 of 2025)
-Versus- State of Orissa
…….. Opposite Party
Mr. P. Satpathy, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 07.04.2026
01.
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. 2. These are the 2nd bail application U/S.483 of BNSS by the petitioners for grant of bail in connection with Chandaka PS Case No.416 of 2025 corresponding to T.R. Case No.592 of 2025 pending in the file of learned Special Judge (POCSO) Act for commission of p. 2 offences punishable under sections 64/62/75(2), 78(20,351(2) ,3(5) of BNS, read with Sections 4,8,12,18 of POCSO Act and Sec- 66(E),67,67(A),67(B) of the I.T Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim and getting her obscene and nude photographs viral. 3. Heard, Mr. Rohit Ranjan Ray, learned counsel for the petitioner in BLAPL No.755 of 2026 and Mr. Mahesh Das, learned counsel appearing for the petitioner in BLAPL No.12746 of 2025 and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including the copies of depositions of P.W.1 and P.W.2. None appears for the victim despite being duly informed by the learned counsel for the petitioners. 4. 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 accusation sought to be brought against them and regard being had to the pre-trial detention of the petitioners in custody since 05.10.2025 with the examination of the victim in the meantime and thereby, there being hardly any apprehension of tampering of evidence of material witness like the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent until proven guilty at the trial, p. 3 this Court without expressing any view on merit admits the petitioners to bail. 5. Hence, the bail application of the petitioners stands allowed and the petitioners are allowed to go on bail on furnishing bail bonds of Rs.50,000/- (Rupees Fifty Thousand) only with one solvent surety each 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. 6. Accordingly, both the BLAPLs stand disposed of. 7. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
Pravakar