p. 1 IN THE HIGH COURT OF ORISSA AT CUTTACK BLAPL No.11917 of 2025 Diba Harijan … Petitioner Mr. S.K. Dash, Advocate -versus- State of Orissa … Opposite Party Mr. P. Satpathy, Addl. PP 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 Umerkote PS Case No.259 of 2025 corresponding to TR Case No.50 of 2025 pending in the file of learned Addl. Sessions Judge-cum-Spl. Court under POCSO Act, Nabarangpur for commission of offences punishable U/Ss.137(2)/127(2)/115(2)/64(2)(m)/3(5) of IPC r/w Sec.6 of POCSO Act, on the main allegation of kidnapping the victim and committing rape and aggravated penetrative sexual assault upon her. 3. Heard, Mr. Suryakanta Dash, learned counsel for the petitioner and Mr. P. Satpathy, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions of the victim and other witnesses so far examined in this case. None appears for the victim despite being duly p. 2 informed as apprised by learned Addl. Public Prosecutor. 4. After having considered the rival submissions and taking into consideration the nature and gravity of the offences as alleged against the petitioner vis-à-vis the accusations sought to be brought against him and regard being had to the pre trial detention of the petitioner in custody since 05.09.2025 with examination of the victim in the meantime and thereby, there being hardly any apprehension of tampering of evidence of material witness like the victim and taking into account the other circumstances on record in entirety including the inherent right of the accused to be presumed innocent at the trial, this Court without expressing any view on merit admits the petitioner to bail. 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.50,000/- (Rupees Fifty 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 condition:- (i) the petitioners in the course of trial shall attend the trial Court on each date of posting without fail unless his attendance is dispensed with. In case the Petitioners fail without sufficient cause to appear in the Court in accordance with the terms of the bail, the learned trial Court may proceed against the p. 3 Petitioners for offence U/S.269 of BNS, 2023 in accordance with law. 6. Accordingly, the BLAPL stands disposed of. 7. Issue urgent certified copy of the order as per Rules. (G. Satapathy) Judge Jayakrushna Designation: Jr. Stenographer