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2025 DAILYLAW 3475 (ORI)

KRUSHNA CHANDRA NAYAK v. STATE OF ODISHA

BLAPL/5143/2025 · 2026-02-23

Gourishankar Satapathy

body2025

Judgment text

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IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.5143 of 2025 Krushna Chandra Nayak … Petitioner Mr. D. Das, Advocate -versus- State of Odisha and another … Opposite Parties Mr. R.B. Mishra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 23.02.2026 08. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Biramitrapur PS Case No. 98 of 2025 corresponding to Spl. GR Case No. 38 of 2025 pending in the Court of learned Addl. District Judge-cum-Presiding Officer, Special Court under POCSO Act, Sundargarh for commission of offences punishable U/Ss.75/76/351(2) of BNS r/w Sections 8/10 of the POCSO Act, on the main allegation of molesting and sexually assaulting the victim by squeezing her breast many times. 3. Heard, Mr. Debsnan Dash, learned counsel for the Petitioner and Mr. R.B. Mishra, learned Addl. PP in the matter and perused the record including copy of deposition of PW1 to PW3, but none appears for the informant despite being duly informed and having entered appearance through a counsel. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-a-vis the allegation sought to be brought against him and regard being had to the materials placed on record keeping in view the evidence of the victim and taking into account the presumption as available U/S. 29 of the POCSO Act, this Court is not inclined to grant bail to the Petitioner at this stage. Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of. A soft copy of this order be immediately transmitted to the learned trial Court. (G. Satapathy) Judge Priyajit