IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11761 of 2025 Ramakanta Biswal … Petitioner Mr. S.C. Mohapatra, Sr. Advocate along with Mr. S. Mohapatra, Advocate -versus- State of Odisha and others … Opposite Parties Mr. S.C. Pradhan, Addl. PP Mr. B.C. Parija, Advocate (Victim) CORAM: JUSTICE G. SATAPATHY Order No. ORDER(ORAL) 22.01.2026 02. 1. This matter is taken up through Hybrid Arrangement (Virtual/Physical Mode). 2. This is a bail application U/S.483 of BNSS by the petitioner for grant of bail in connection with Korei PS Case No.187 of 2020 corresponding to CT Special (POCSO) Case No.89 of 2020 pending in the file of learned Additional District & Sessions Judge-Cum-Special Court under NDPS Act, Jajpur, for commission of offences punishable U/Ss.457/376(2)(n) of IPC r/w Section 6 of POCSO Act, on the main allegation of committing rape and penetrative sexual assault upon the victim by trespassing into her house. 3. In the course of hearing, Mr. Soura Chandra Mohapatra, learned Senior Counsel, who is being assisted by Mr. S. Mohapatra, learned counsel for the petitioner, submits that so far the allegation of rape is concerned, there is in fact no material to evidence such fact and that apart, the petitioner being in custody for last six years, may kindly be granted bail. 3.1. In opposing the prayer of bail, Mr. S.C. Pradhan, learned Additional Public Prosecutor by referring to the evidence of the victim prays to reject the bail application of the petitioner. On the other hand, Mr. Bikash Chandra Parija, learned counsel, who enters appearance for the victim in the Court today by filing Vakalatnama, which is taken on record, opposes the prayer for bail of the petitioner. 4. After having considered the rival submissions upon perusal of record, there appears allegation against the petitioner for committing rape and penetrative sexual assault upon the victim and in the meantime, the victim has already been examined in the trial Court, however, considering the evidence of the victim keeping in view the materials placed on record together with the presumption as available U/S.29 of POCSO Act, this Court is not inclined to grant bail to the petitioner. 5. Hence, the bail application of the petitioner stands rejected. Looking at the custody period of the petitioner, the learned trial Court is, hereby, requested to proceed with the trial and dispose of the case as expeditiously as possible. 6. Accordingly, the BLAPL stands disposed of. A copy of this order be immediately transmitted to the learned Court in seisin over the matter for reference. (G. Satapathy) Judge Subhasmita Designation: Sr. Stenographer