Extracted from the PDF above. The PDF is authoritative.
p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.10903 of 2025
Bharat Singh @ Nimain
… Petitioner
Mr. D.K .Biswal, Advocate -versus- State of Odisha … Opposite Party Mr. S.C. Pradhan, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 02.02.2026
03.
1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode).
2. This is the bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Simulia PS Case No. 394 of 2024 corresponding to Spl. Case No.295 of 2024 pending in the Court of learned Special Court under POCSO Act, Balasore for commission of offence punishable U/Ss.137(2)/87/65(1)/64(2)(m) of BNS r/w Section 6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her.
3. Heard, Mr. Biswa Ranjan Dalei, learned proxy counsel appearing on behalf of Mr. Diba Kar Biswal,
learned counsel for the petitioner and Mr. S.C. Pradhan, learned Additional Public Prosecutor in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP.
4. After having considered the rival submissions and taking into consideration the nature and gravity of p. 2 the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 06.12.2024 with submission of charge sheet in the meantime and taking into account the other circumstances on record in entirety including the statement of the victim and keeping in view the inherent right of the accused to be presumed innocent until proven guilty at the trial, as also the age of the accused- Petitioner at 24 years, this Court without expressing any view on merit admits the petitioner to bail.
5. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on furnishing bail bonds of Rs.25,000/- (Rupees Twenty Five Thousand) with one solvent surety 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 with following conditions:- (i) the petitioner shall not contact the victim or visit her house or village and
(ii) the petitioner shall not threaten/ induce/influence/coerce any of the witnesses including the victim and her family members acquainted with the
facts of the case so as to dissuade them from disclosing such facts before the Court.
6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge
Priyajit