IN THE HIGH COURT OF ORISSA AT CUTTACK ABLAPL No.13916 of 2025 Ritesh Nath …. Petitioner Mr. K.K. Pahil, Advocate -Versus- State of Odisha …. Opposite Party Mr. S. Panda, ASC Mr. D. Mishra, Advocate (Informant) CORAM: MR. JUSTICE R.K. PATTANAIK Order No. ORDER 16.04.2026 04. 1. Heard learned counsel for the respective parties. 2. Instant petition under Section 482 BNSS is filed for pre-arrest bail of the petitioner in connection with Dharmasala P.S. Case No.701 of 2025 corresponding to C.T. Spl. (POCSO) Case No.170 of 2025 pending in the file of learned Additional District & Sessions Judge-cum-Special Court under the POCSO Act, Jajpur on the grounds stated therein. 3. Perused the FIR as at Annexure-1. Referring to a copy of the Aadhar Card at Annexure-2, it is claimed that the petitioner is a juvenile. The age of the petitioner is shown as 16 years and considering the allegations in the FIR, it is submitted that there was only an attempt by him and also assault but being a juvenile-in-conflict with law, he should be allowed to go on bail with conditions. 4. On the other hand, Mr. Mishra, learned counsel for the informant files objection and also the medical papers annexed to the same and submits that the victim is treated for a serious injury on head and refers to Discharge Summary dated 11th November, 2025. In support of the age of the petitioner, a Transfer Certificate dated 3rd November, 2025 issued by the Headmaster, Baladevjew Govt. High School, Deoda, Jajpur is produced by the learned counsel for the petitioner, wherein, his date of birth is shown as 29th May, 2009. 5. Recorded the submission of the learned counsel for the State, according to whom, the victim received head injury and hence, a case under Section 109 BNS is prima facie made out and Section 10 of the POCSO is registered as well with other allied offences including Section 109 BNS. 6. This Court finds from the FIR that the petitioner committed the excess and assaulted the victim. It has been alleged that there was an attempt from the side of the petitioner to commit rape on the victim but it did not materialize. The informant in the objection filed today, which is taken on record, it is admitted that the petitioner is a juvenile but for that he should not be treated differently and for the excess committed by him, any such release on bail, is likely to associate him with other criminals. But it is informed to the Court that the petitioner does not have any past criminal track record. Considering the above facts and the submissions of learned counsel for the respective parties and having regard to the fact that during the alleged incident, the petitioner is said to have committed excess and assaulted the victim, who alleged of him having made an attempt to commit rape on her, but in absence of any previous antecedent and the petitioner being a juvenile, this Court pending investigation being alive to the settled position of law that the bail is a rule and its rejection is an exception is inclined to direct his release subject to suitable conditions imposed ensuring that his such release is not to endanger his life and for the said purpose, one of his parents to furnish an undertaking to that effect to ensure it. 7. Accordingly, it is ordered. 8. In the result, the ABLAPL is disposed of. It is directed that in the event, the petitioner surrenders within a fortnight from today before the learned Additional District & Sessions Judge-cum-Special Court under the POCSO Act, Jajpur (or the Children’s Court) in connection with Dharmasala P.S. Case No.701 of 2025 corresponding to C.T. Spl. (POCSO) Case No.170 of 2025, he shall be released on bail subject to him on furnishing bail bond of Rs.30,000/- (Rupees thirty thousand) with one solvent surety (one of whom be his parents) for the like amount and further directing the latter to furnish an undertaking to ensure that he is not involved with the victim and not to commit any such similar mischief after being released and also to take care of him to ensure that he maintains good conduct while on bail. 9. Issue urgent certified copy as per rules. (R.K. Pattanaik) Judge Alok