Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ORISSA AT CUTTACK
BLAPL No.7473 of 2024
Lile @ Nilesh Behera
… Petitioner
Mr. S. Nanda, Advocate
-versus- State of Odisha … Opposite Party Mr. M.K. Mohanty, Addl. PP
CORAM:
JUSTICE G. SATAPATHY
Order No.
ORDER(ORAL) 03.04.2025
04.
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 Nayakote PS Case No.96 of 2024 arising out of Special Case No.21 of 2024 pending in the Court of learned Addl. Sessions Judge-cum-Special Court under POCSO Act, Keonjhar for commission of offences punishable U/Ss. 363/366/376(2)(n)/376-DA of IPC r/w Sections 4(2) & 6 of POCSO Act, on the main allegation of committing gang rape and aggravated penetrative sexual assault upon the victim, along with a juvenile.
3. Heard, Mr. Somanath Panda, learned counsel for the petitioner and Mr. M.K. Mohanty, learned Additional Public Prosecutor in the matter and perused the record including the copy of depositions as produced. None appears for the victim despite being duly informed as intimated by learned Addl. PP.
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 specific allegation against the Petitioner for committing gang rape upon the victim and taking into account the evidence of the victim keeping in view her statement U/S. 164 of CrPC, this Court is not inclined to grant bail to the Petitioner.
Hence, the bail application of the petitioner stands rejected. Accordingly, the BLAPL stands disposed of.
5. Issue urgent certified copy of the order as per Rules.
(G. Satapathy)
Judge Priyajit