p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.13988 of 2025 Martin @ Biswajit Hansda & Petitioner Mr. S.R. Das, Advocate -versus- State of Odisha & Opposite Party Mr. C. Mahanty, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL):09.03.2026 02. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Rourkela Tangarpali PS Case No.143 of 2022 corresponding to Special GR Case No.161 of 2022 pending in the Court of learned Adhoc Addl. District & Sessions Judge (POCSO), Fast Track Special Court, Rourkela for commission of offences punishable U/Ss. 376(2)(J)/376(2)(i)/376AB of the IPC r/w Section 6 of the POCSO Act, on the main allegation of committing rape and aggravated penetrative sexual assault upon the mentally deranged victim. 2. Heard, Mr. Soumya Ranjan Das, learned counsel for the petitioner and Mr. C. Mahanty, learned Addl. PP in the matter and perused the record including the copy of deposition of PW1 to PW5. 3. It undoubtedly appears that there is allegation against the Petitioner for committing rape and aggravated penetrative sexual assault upon the mentally deranged victim, but it appears from the order sheet of the case record that the victim could not be examined as she is unable to understand any language. Be that as it may, the FIR reveals that PW5 has lodged an FIR against the p. 2 Petitioner for committing rape upon the victim-girl, since she noticed that the accused was fleeing from the place of rescue of the victim, when she was in naked condition, however, PW5 while being examined in the Court testified that there was quarrel between herself and the accused and out of anger, she lodged the FIR. It is further found from the record that the Petitioner is in custody since 29.08.2022, but the trial is yet to be concluded. In such situation and circumstance of the case and taking into account the long custody of the Petitioner without trial being concluded, this Court without expressing any view on merits admits the Petitioner to bail, but subject to certain condition. 4. Hence, the bail application of the petitioner stands allowed and the petitioner is allowed to go on bail on such terms and conditions as deem fit and proper by it with following condition:- (i) the petitioner in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with and shall cooperate with the trial. In case the Petitioner fails without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the Petitioner for offence U/S.269 of BNSS in accordance with law. 5. 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 Priyajit