IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.10080 of 2025 Deepak Kumar Nayak @ Deepak Nayak … Petitioner Mr. S.P. Patra, Advocate -versus- State of Odisha and another … Opposite Parties Mr. P. Satpathy, Addl. PP JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 09.03.2026 03. 1. This is a bail application U/S.483 of the BNSS by the petitioner for grant of bail in connection with Digapahandi PS Case No.201 of 2025 corresponding to GR Case No.82 of 2025 pending in the Court of learned Adhoc Addl. District & Sessions Judge FTSC under POCSO Act, Berhampur for commission of offences punishable U/Ss. 137(2)/87/64(2)/65(2) of BNS r/w Sections 6(1)/6(m) of the POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 2. Heard, Mr. Siba Prasad Patra, learned counsel for the petitioner and Mr. P. Satpathy, learned Addl. PP in the matter and perused the record, but none appears for the victim despite being duly intimated as apprised by learned Addl. PP. 3. It is apprised by learned counsel for the Petitioner by way of an affidavit of the father of the Petitioner that in case of enlargement of the Petitioner on bail, he would keep him away from the victim by allowing him to stay in his niece house at village Sanneya Palli. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offence as alleged against the petitioner vis-a-vis the accusations sought to be brought against him and regard being had to the pre-trial detention of the petitioner in custody since 08.06.2025 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 merits admits the Petitioner to bail, but subject to certain conditions. 5. 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) only 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 and village; (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 and (iii) the petitioner shall remain away from the village of the victim for around three months and thereafter, he shall appear before the Jurisdictional Police Station once in a fortnight preferably on a Sunday in each month in between 10 A.M. to 12 Noon for three(03) months. The IIC 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 victim/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 Priyajit