IN THE HIGH COURT OF ORISSA AT CUTTACK Pikun @ Sarthak Mohanty and another (In BLAPL No.11635 of 2025) Sandeep Swain (In BLAPL No.11783 of 2025) … Petitioners Mr. P.K. Ray, Advocate (in both these BLAPLs) -versus- State of Orissa and another … Opposite Parties Mr. M.R. Patra, Addl. PP CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 06.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. Since these two bail applications arise out of one and same case record, the same are taken up together and disposed of by this common order with the consent of the learned counsel for the parties. 3. These are the bail applications U/S.483 of BNSS by the petitioners for grant of bail in connection with Jajpur PS Case No.341 of 2025 corresponding to CT Special (POCSO) Case No.98 of 2025 pending in the file of learned ADJ-cum-Special Judge (POCSO), Jajpur, for commission of offences punishable U/Ss.126(2)/ 137(2)/74/75/76/78/64/64(2)(f)/65(1)/3(5) of BNS r/w Sections 6/8 of POCSO Act, on the main allegation of committing Gang Rape and aggravated penetrative sexual assault upon the victim. 4. In the course of hearing, Mr. Prabir Kumar Ray, learned counsel for the petitioners submits that the victim has in fact been examined in the meanwhile, but she has not supported the prosecution allegation against the petitioners and, therefore, the petitioners may kindly be granted bail. 4.1. On the other hand, Mr. M.R. Patra, learned Additional Public Prosecutor by producing the statement of the victim and taking this Court through the evidence of the victim prays to reject the bail application of the petitioners. 5. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing Gang Rape upon the victim, but even though the victim has not supported in her evidence about the Gang Rape upon her, however, she has deposed against the petitioner for molesting her as well as attempting to commit rape upon her. In that view of the matter and taking into consideration the nature and gravity of offences as alleged against the petitioners vis-à-vis the allegation sought to be brought against them keeping in view the evidence of the victim and taking into account the presumption as available U/S.29 of POCSO Act and taking into account the law laid by the Apex Court in X Vrs. State of Rajasthan; (2024) SCC Online SC 3539, this Court is not inclined to grant bail to the petitioners at this stage, especially when the trial has progressed substantially. 6. Hence, the bail applications of the petitioners Pikun @ Sarthak Mohanty and Mithu @ Sagar Kumar Nayak (in BLAPL No.11635 of 2025) and Sandeep Swain (in BLAPL No.11783 of 2025) stand rejected. Accordingly, both these BLAPLs stand disposed of. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer