IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.12839 of 2025 Ratnakara Bagh @ Bag @ Rahita Bag … Petitioner Mr. A. Tripathy, Advocate -versus- State of Odisha & Another … Opposite Parties Mr. T.K. Acharya, Addl. PP Mr. B.K. Dash, Advocate (informant) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) : 23.04.2026 02. 1. This is an application U/S.483 of BNSS by the petitioner for grant of bail in connection with Chitrakonda PS Case No.86 of 2025 corresponding to Special G.R. Case No.34 of 2025 pending in the file of learned Addl. Sessions Judge, Malkangiri under POCSO Act for commission of offences punishable U/S. 318(2)/ 64(2)(m)/ 296/ 351(3)/3(5) of BNS r/w. Section 6 of POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the victim. 2. Heard, Mr. Amitav Tripathy, learned counsel for the petitioner, Mr. T.K. Acharya, learned Addl. PP and Mr. Biplab Kumar Dash, learned counsel for the informant appearing virtually in the matter and perused the record. Mr. Dash, however, strongly opposes the bail application of the petitioner by contending inter alia that the consent of a minor is no consent and, therefore, the bail application of the petitioner may kindly be rejected. Page 2 of 3 3. 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 accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 30.04.2025 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, this Court without expressing any view on merit, admits the petitioner to bail. 4. 4. 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) only with two solvent sureties 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 with the following conditions:- (i) the petitioner shall not contact the victim in any way or in any manner and he shall not visit to the house or village of the victim till disposal of the case, (ii) the petitioner shall not threaten, induce, influence or coerce any of the witnesses including the family members of the victim acquainted with the facts of the case so as to dissuade them from disclosing such facts before the Court, (iii) the petitioner shall report attendance before the jurisdictional Police Station once in a week preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months from the actual date of release from the custody & (iv) the petitioner shall not loiter in and around the victim or follow her in any place at anywhere. 5. The I.I.C. of Jurisdictional Police Station shall not detain the petitioner unnecessarily after recording his attendance beyond the time as stipulated. This Court, however, reserves the liberty to the informant and the State to file appropriate application for cancellation of bail, if any of the conditions are violated or a case for cancellation of bail is otherwise made out. It is made clear that in such event for being approached for cancellation of bail, the learned trial Court would be at liberty to pass appropriate order in accordance with law without further reference to this Court. 6. Accordingly, the BLAPL stands disposed of. Issue urgent certified copy of the order as per Rules. A soft copy of this order be immediately communicated to the concerned Court, who shall afterwards communicate the same to the concerned Jail through e-mail for reference. (G. Satapathy) Judge S.Sasmal Designation: Jr. Stenographer